Bindu vs State of Kerala

BINDU vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Oct 24, 2019

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Citation: sooperkanoon.com/1879895
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice R. Narayana Pisharadi
Decided On: Oct 24, 2019
Case Number: Crl.MC/4254/2017

Parties & Advocates

Appellant / Petitioner

BINDU

Respondent

State of Kerala

Excerpt

.....investigation, chargesheet hasbeen filed in the case against 21 persons, including the petitioners, for the offences punishable under sections 406, 420, 463 and 468 i.p.c. on a perusal of annexure-1 chargesheet and the statements of witnesses, it can be found that, prima facie, there are sufficient materials produced by the prosecution to prove the offences alleged against the accused.6. there is no dispute with regard to the fact that the petitioners had availed loan from the bank by producing thesalary certificates. the only contention raised by the learned counsel for the petitioners is that the bank had forwarded the salary certificates produced by the petitioners to the company in which they were working and got the salary certificates verified from the company and it was only after adopting such procedure,the bank had granted loan to the petitioners. but, it is to be noted that, it is a case where there is allegation that the accused, who were employees of a company, have acted together to cheat the bank. the officers of the company, who have allegedly verified the salary certificates which were forwarded from the bank, are also accused in the case.7. it is submitted that the trial court has already framedcharge against the petitioners and the other accused and that the case is ripe for trial. the petitioners could raise all their contentions during the trial of the case.8. in the aforesaid circumstances, i find no sufficient ground to quash the proceedings against the petitioners by invoking the power under section 482 cr.p.c.consequently, the petition is dismissed. (sd/-) r.narayana pisharadi, judge jsr appendix petitioner's exhibits: annexure 1 certified copy of the fir dated 11-07- 2008 and the final report in crime no respondent's exhibits: nil true copy ps to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941 Crl.MC.No.4254 OF 2017 AGAINST CC 466/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V,KOZHIKODE CRIME NO.391/2008 OF Kasaba Police Station , Kozhikode PETITIONERS/ACCUSED NOS.1,4,7,9,14,15,16 & 17:

1 BINDU W/O.DAMODARAN, AGED 40 YEARS, CHEPPRATHARAMMAL HOUSE, NOCHADU,PANOLI (PO), PERAMBRA, KOZHIKODE DISTRICT 673 525 2 M.L LINEESH S/O. KANARAN, AGED 38 YEARS, THEKKE AMMATH HOUSE,MEPPAYOOR (PO),PERAMBRA,KOZHIKODE DISTRICT 673 524 3 P.K VINOD KUMAR S/O. MADHAVAN, AGED 44 YEARS, PINAVALIL KUNI HOUSE, ELATHOOT (PO),VENGALAM, KOZHIKODE DISTRICT 4 P.K PREMAN S/O.NARAYANAN NAIR, AGED 46 YEARS,KALAMOLI HOUSE, PAVANGADU, PUTHIYANGADI (PO),KOZHIKODE DISTRICT 673 021 5 M.K VINOD S/O. SUKUMARAN, AGED 48 YEARS,MELEKUPPALI HOUSE, (P.O) ELATHOOR,KOZHIKODE DISTRICT 6 V. NARAYANI W/O. KUMARAN, AGED 57 YEARS,VAZHATTU HOUSE, KUNDUTHODU (PO),BLUE MOUNT, KUTTIADI, KOZHIKODE DISTRICT 673 513

7 P.M SHAJI D/O. GOPALAN, AGED 36 YEARS,PUTHIYOTTIL MEETHAL HOUSE,THODANNOOR (PO),VADAKARA, KOZHIKODE DISTRICT 8 M.T ASHOKAN S/O. UNNIKRISHNA KURUP,AGED 58 YEARS,SANDRIMA, PUTHAN PURAYIL HOUSE,MENJANNUYAM (PO)PERAMBRA, KOZHIKODE DISTRICT 673 525 BY ADVS. SRI.P.R.SREEJITH SMT.MAYA CHANDRAN SRI.M.PROMODH KUMAR SRI.K.B.SAJEESH

RESPONDENTS/STATE & DE FACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM 682 031 2 BANK OF BARODA A BODY CORPORATE,HEAD OFFICE BARODA, REPRESENTED BY BRANCH MANAGER,MAVOOR ROAD, KOZHIKODE 673 004 R1-2 BY ADV. SRI.K.M.ANEESH R1 BY ADV. SRI.ADARSH KUMAR R1 BY ADV. SRI.BIJU VARGHESE ABRAHAM R1 BY ADV. SRI.DILEEP CHANDRAN R1 BY ADV. SRI.K.SANTHOSH KUMAR KALIYANAM SMT M K PUSHPALATHA -PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

18.10.2019, THE COURT ON 24.10.2019 PASSED THE FOLLOWING: R.NARAYANA PISHARADI, J ************************ Crl.M.C.No.4254 of 2017 ---------------------------------------------- Dated this the 24th day of October, 2019

ORDER

This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C.No.466/2015 on the file of the Court of the Judicial First Class Magistrate-V, Kozhikode, which is based on the final report filed in Crime No.391/2008 of the Kasaba police station, Kozhikode.

2. The petitioners are accused 1, 4, 7, 9, 14, 15, 16 and 17 in the aforesaid case. The offences alleged against them are under Sections 406, 420, 463 and 468 I.P.C.

3. The prosecution case is that the accused were

employees of the company by name 'Kerala Housing Finance Limited' and that they created false salary certificates showing inflated amount as salary and produced them in the Bank of Baroda and using such false documents, they obtained a total amount of Rs.25,00,000/- as loan from the bank.

4. Heard. Perused the records produced.

5. After completing the investigation, chargesheet has

been filed in the case against 21 persons, including the petitioners, for the offences punishable under Sections 406, 420, 463 and 468 I.P.C. On a perusal of Annexure-1 chargesheet and the statements of witnesses, it can be found that, prima facie, there are sufficient materials produced by the prosecution to prove the offences alleged against the accused.

6. There is no dispute with regard to the fact that the petitioners had availed loan from the bank by producing the

salary certificates. The only contention raised by the learned counsel for the petitioners is that the bank had forwarded the salary certificates produced by the petitioners to the company in which they were working and got the salary certificates verified from the company and it was only after adopting such procedure,

the bank had granted loan to the petitioners. But, it is to be noted that, it is a case where there is allegation that the accused, who were employees of a company, have acted together to cheat the bank. The officers of the company, who have allegedly verified the salary certificates which were forwarded from the bank, are also accused in the case.

7. It is submitted that the trial court has already framed

charge against the petitioners and the other accused and that the case is ripe for trial. The petitioners could raise all their contentions during the trial of the case.

8. In the aforesaid circumstances, I find no sufficient ground to quash the proceedings against the petitioners by invoking the power under Section 482 Cr.P.C.

Consequently, the petition is dismissed. (sd/-) R.NARAYANA PISHARADI, JUDGE jsr APPENDIX PETITIONER'S EXHIBITS: ANNEXURE 1 CERTIFIED COPY OF THE FIR DATED 11-07- 2008 AND THE FINAL REPORT IN CRIME NO RESPONDENT'S EXHIBITS: NIL TRUE COPY PS TO JUDGE

Same Court & Year Kerala Orders · 2019 Same Parties BINDU vs State of Kerala Same Judge Honourable Mr. Justice R. Narayana Pisharadi