Kerala High Court
Lali Varghese vs The Kanjiramkulam Service ... on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:67803
CRL.MC NO. 7500 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 7500 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.629 OF 2009 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -V, NEYYATTINKARA
PETITIONERS/ACCUSED 1 TO 3 :
1 LALI VARGHESE,
D/O OF THRESSIAMA JACOB,
LAL VIHAR, PLANTHOTTAM,
THIRUPURATHOOR DESOM,
THIRUPURAM VILLAGE,
THIRUVANANTHAPURAM, PIN - 695133
2 SULOCHANA,
D/O RAJAMMA, V.R. NIVAS,
MANKALA,
KAHIVAOOR DESOM,
KANJIRAMKULAM VILLAGE,
THIRUVANANTHAPURAM, PIN - 695524
3 R. SIVAKUMAR, AGED 55 YEARS
SON OF RAJAMMA, V.R.NIVAS,
MANKALA, KAHIVAOOR DESOM,
KANJIRAMKULAM VILLAGE,
THIRUVANANTHAPURAM, PIN - 695524
BY ADV K.P.SANTHI
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CRL.MC NO. 7500 OF 2024
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RESPONDENT/DE FACTO COMPLAINANT AND STATE :
1 THE KANJIRAMKULAM SERVICE CO-OPERATIVE BANK LTD
NO. 3970, KAJIRAMKULAM P.O.,
THIRUVANANTHAPURAM,
REPRESENTED BY SECRETARY, PIN - 695 524.
2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7500 of 2024
...................................................
Dated this the 6th day of September, 2024
ORDER
Petitioners are accused 1 to 3 in C.C.No.629/2009 on the files of the
Judicial First Class Magistrate Court-III, Neyyattinkara. They were
prosecuted for the offences punishable under Sections 464, 468, and
420 r/w Section 34 of the Indian Penal Code, 1860.
2. Prosecution alleged that the accused had, in order to cheat the
Kanjiramkulam Service Co-operative Bank Ltd., forged documents, and
on the basis of an application submitted by the second accused, a loan
was granted after forging documents of another person as security for
the loan and the accused thereby committed criminal breach of trust
and cheating.
3. Sri.K.P.Santhi, the learned counsel, vehemently contended that the
prosecution allegations are totally false and none of the offences
alleged against the petitioners are made out even from the
uncontroverted allegations. It was further submitted that on
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CRL.MC NO. 7500 OF 2024
13.03.2007, the entire loan was repaid and therefore there cannot be
any criminal breach of trust or cheating as alleged. It was also
submitted that the Government had even sought withdrawal of the
prosecution as per CMP No.16371/2014, though it was dismissed by
the trial court, and that the said factor must also be taken into
reckoning while considering this petition under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
4. Smt.Sreeja V., the learned Public Prosecutor, on the other hand,
contended that the allegations raised in the final report are serious
offences and since public money is involved, it is a matter which
requires adjudication after trial.
5. The crime was registered in the year 2007. The accused were
responsible officers of the Kanjiramkulam Service Co-operative Bank
Ltd. They are alleged to have created false documents after committing
forgery to create a security for granting loan to the second accused
without supporting security. The nature of allegations in the final
report do indicate, prima facie, that it is a matter which requires
adjudication through trial. The uncontroverted allegations in the final
report do make out the offences alleged. The application for
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CRL.MC NO. 7500 OF 2024
withdrawal from prosecution was dismissed by the learned Magistrate
and no reliance can be placed on the said application. Hence, this is
not a fit case for exercising jurisdiction under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
Accordingly, I find no merit in this Crl.M.C. and it is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/06/09/2024
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CRL.MC NO. 7500 OF 2024
PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF THE PRIVATE COMPLAINT IN CMP
NO. 6202/2007 FILED BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-III,
NEYYATTINKARA DATED 9-10-2007
ANNEXURE II TRUE COPY OF THE FINAL REPORT IN C.C.NO.
629/2009 FILED BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-III, NEYYATTINKARA
ANNEXURE III TRUE COPY OF THE C.M.P.NO. 16371 OF 2014
FILED UNDER SECTION 321 OF THE CODE OF
CRIMINAL PROCEDURE
ANNEXURE IV TRUE COPY OF THE ORDER DATED 11-9-2015 IN
CRL.R.P.NO.523 OF 2015 OF THIS HONOURABLE
COURT
ANNEXURE V TRUE COPY OF THE ORDER DATED 24-9-2018 IN
C.M.P. NO. 16371 OF 2014 IN C.C.NO.
629/2009 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-III, NEYYATTINKARA
ANNEXURE VI TRUE COPY OF THE JUDGMENT DATED 18-6-2024
IN CRL.A.NO. 208 OF 2018 OF THE SESSIONS
COURT, THIRUVANANTHAPURAM
