KUMARAN Vs. MURIYAD SERVICE CO OPERATIVE BANK

JUDGEMENT

(1.) Heard both sides.

(2.) The revision petitioner challenges the order dated 18/11/2009 passed by the Additional Munsiff - II, Irinjalakuda refusing to lift the attachment under S.84(1) CrPC.

(3.) One Jose was the accused in ST Case No. 51 of 2004 on the file of the Court below. It was a prosecution under S.138 of the Negotiable Instruments Act, 1881. Since Jose never appeared before the Court and was absconding, the Court below had initiated steps under S.82 and S.83 CrPC and an immovable property belonging to Jose had been attached under S.83 CrPC. Pending the said case the said Jose died and the Court below as per order dated 18/11/2009 closed the proceedings, holding that the charge against the accused was abated. But the attachment made under S.83 CrPC was not lifted by the Magistrate. The said accused Jose had availed a loan of Rs.1,00,000/- from the Muriyad Service Co - operative Bank (R1) in the year 1997 and due to his failure to remit the loan amount to the bank, the society had proceeded against the said Jose by filing an arbitration case as ARC No. 1569 of 1999 before the Registrar under S.69 of the Kerala Cooperative Societies Act. A charged decree was passed in favour of the bank and the property was sold and the bank purchased the same as evidenced by Annexure A1 Sale Certificate dated 20/06/2006. Subsequently, the revision petitioner purchased the said property from the 1st respondent / bank on 06/07/2007. It was at a time when the order attachment under S.83 CrPC was in force, that the petitioner purchased the property from the 1st respondent / bank. He, thereafter moved the Court below by filing CMP No. 571 of 2009 for lifting the attachment. At that time the Court below closed the ST case against Jose after holding that the charge against the accused / Jose had abated due to his death. CMP No. 591/2009 was thereafter dismissed by the Court below on 18/11/2009 holding that since the purchase of the property by the revision petitioner from the 1st respondent / bank was at a time when the attachment under S.83 CrPC was in force, the same cannot be lifted. It is the said order which is assailed in this revision.