2025:KER:25826 CRL.MC NO. 7827 OF 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 CRL.MC NO. 7827 OF 2022 AGAINST THE ORDER/JUDGMENT IN CC NO.191 OF 2018 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR PETITIONER: PEETHAMBARA KURUP, SON OF P.N NARAYANA KURUP, AGED 71 YEARS EDAYILA VEEDU, VETTIYARA, NAVAYIKULAM, THIRUVANANTHAPURAM, PIN - 69560 BY ADVS. AJITH VISWANATHAN SHIBU JOSEPH SAYED MANSOOR BAFAKHY THANGAL M.SRIRAM HAIRA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 SHAJAN, AGED 52 YEARS SON OF GEORGE, MANDAKAN HOUSE, 2025:KER:25826 CRL.MC NO. 7827 OF 2022 2 EAST FORT P.O, NELLIKUNNU, NADATHARA VILLAGE, TRISSUR, PIN - 680005 BY ADVS SARATH BABU KOTTAKKAL SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:25826 CRL.MC NO. 7827 OF 2022 3 ORDER The petitioner is the 4th accused in CC.No.191 of 2018 pending before the Chief Judicial Magistrate Court, Thrissur. The case originated from Annexure1 complaint filed by the 2nd respondent alleging offences punishable under Sections 417, 419, 420, 170 and 120B of IPC. The complaint was filed alleging that the accused had cheated the 2nd respondent of an amount of Rs.22,25,000/- by promising to provide employment for his son in the Indian Railways. The petitioner was a Member of Parliament and also a Member of the Railway Board at that point of time . 2. Learned counsel for the petitioner submits that a settlement was arrived at between the 1st accused and the 2nd respondent before the Lokayukta, pursuant to which three cheques were issued by the 1st accused. All the cheques bounced for insufficiency of funds and the 2nd respondent has filed a complaint under Section 138 of the Negotiable Instruments Act against the 1st accused. Further, the 2nd respondent settled the dispute with the 3rd accused and, as 2025:KER:25826 CRL.MC NO. 7827 OF 2022 4 such, accusations against the petitioner are not maintainable. Referring to Annexure 1 complaint, it is submitted that, even according to the 2nd respondent, it was the 3rd accused, who had introduced him to the petitioner with an assurance that the petitioner will be able to provide a job for the 2nd respondent’s son. Based on the settlement arrived at between the 2nd respondent and the 3rd accused, the proceedings against the 3rd accused was quashed by this Court. Being so, no purpose will be served by compelling the petitioner to face trial. 3. Learned counsel for the 2nd respondent submitted that, merely because the proceedings against the 3rd accused was quashed based on settlement, this Court will not be justified in invoking the power under Section 482 of Cr.P.C and quashing the proceedings against the petitioner. According to the learned counsel, specific allegations raised against the petitioner in the complaint are sufficient to prosecute him independently. 4. It is evident that a decision on the contentions urged requires appreciation of evidence, which cannot be done in exercise of the power under Section 482 of Cr.P.C. The 2025:KER:25826 CRL.MC NO. 7827 OF 2022 5 proper remedy is for the petitioner to approach the trial court seeking discharge, since that court can sift through the materials produced by the prosecution and reach the correct conclusion. 5. The Crl.M.C is hence closed, without prejudice to the petitioner’s right to move for discharge before the trial court and with a direction to the court below to decide the petition for discharge if filed, without insisting on the petitioner’s personal presence. 6. Learned counsel for the 2nd respondent then pointed out that his client is aged and ailing and there may be a direction to dispose of the case at the earliest. I find the request to be reasonable, the case being of the year 2018. Hence, the learned Chief Judicial Magistrate, Thrissur is directed to take earnest efforts to dispose of C.C.No.191 of 2018 at the earliest. Sd/- V.G.ARUN JUDGE SPV 2025:KER:25826 CRL.MC NO. 7827 OF 2022 6 APPENDIX OF CRL.MC 7827/2022 PETITIONER’S ANNEXURES ANNEXURE1 ANNEXURE 1: THE CERTIFIED COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT THRISSUR AND NUMBERED AS CC NO 191 OF 2018. ANNEXURE 2 ANNEXURE 2: THE TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE LOK AYUKTA. ANNEXURE 3 ANNEXURE 3: THE TRUE PHOTOSTAT COPY OF THE ORDER DATED 02-08-2018 PASSED BY LOK AYUKTA. ANNEXURE 4 ANNEXURE 4: THE TRUE PHOTOSTAT COPY OF THE AFFIDAVIT FILED BY THE 1ST ACCUSED, SHIBU T BALAN BEFORE THE LOK AYUKTA. ANNEXURE 5 ANNEXURE 5: THE TRUE PHOTOSTAT COPY OF THE ORDER PASSED BY LOK AYUKTA ON 17-01- 2019. ANNEXURE 6 ANNEXURE 6: THE TRUE PHOTOSTAT COPY OF THE ORDER PASSED BY LOK AYUKTA DATED 24- 10-2019. ANNEXURE 7 ANNEXURE A7: THE TRUE PHOTOSTAT COPY OF THE ORDER PASSED BY THIS HON’BLE COURT ON 10-02-2020 IN CRIMINAL MC 533 OF 2020. ANNEXURE 8 ANNEXURE A8: THE TRUE PHOTOSTAT COPY OF THE REPORT SUBMITTED BY THE ASSISTANT COMMISSIONER, THRISSUR SUBDIVISION DATED 29-01-2020 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT THRISSUR. ANNEXURE 9 ANNEXURE 9: THE TRUE PHOTOSTAT COPY OF THE ORDER OF THE HON'BLE COURT 2025:KER:25826 CRL.MC NO. 7827 OF 2022 7 DISMISSING THE CRIMINAL MC NO.492 OF 2020 DATED 06-10-2020. ANNEXURE10 ANNEXURE 10: THE TRUE PHOTOSTAT COPY OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT BEFORE THIS HON’BLE COURT IN CRIMINAL MC NO. 1468 OF 2021 IS MARKED AS ANNEXURE 11 ANNEXURE 11: THE ORDER DATED 05-10-2021 IN CRIMINAL MC 1468 OF 2021 PASSED BY THIS HON’BLE COURT QUASHING THE PROCEEDINGS AGAINST THE 3RD ACCUSED IN CC NO. 191 OF 2018 IN THE FILES OF FIRST-CLASS JUDICIAL MAGISTRATE COURT OF THRISSUR. RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE