LALI VARGHESE Vs. KANJIRAMKULAM SERVICE CO-OP BANK

JUDGEMENT

(1.) The challenge in this Criminal Revision Petition is to the judgment, dtd. 18/6/2024 in Crl.Appeal No.208 of 2018 passed by the Additional Sessions Court-V, Thiruvnanathapuram, that set aside the order dtd. 24/9/2018 in CMP 16371 of 2014 in CC 629 of 2009 passed by the Judicial First Class Magistrate Court-III, Neyyattinkara.

(2.) The Secretary-in-charge of the Kanjiramkulam Service Co-operative Bank Ltd, Thiruvananthapuram filed a complaint before the Judicial First Class Magistrate-III Neyyatinkara, against the former Secretary of the Co-operative society, a member of the Cooperative Society and the Administrator appointed by the Government alleging offences punishable under Ss. 464, 468 and 420 read with Sec. 34 of the Indian Penal Code. The complainant alleged that the persons arraigned as accused committed forgery, cheating and criminal breach of trust. The specific allegation was that, in furtherance of their common intention, the accused misappropriated a sum of Rs.1,00,000.00 from the Co-operative Society. The acts of the accused adversely affected the goodwill of the society.

(3.) The learned Magistrate forwarded the complaint for investigation under Sec. 156(3) Cr.P.C. The Kanjiramkulam Police registered FIR No.195 of 2007, conducted investigation and submitted the final report against the three accused. In response to the summons, the accused appeared. The learned Magistrate framed charges against the accused. Thereafter, the learned Assistant Public Prosecutor submitted a petition under Sec. 321 Cr.P.C. seeking withdrawal of the prosecution. The learned Magistrate allowed the application, consenting the prosecution to withdraw the prosecution of the offences against the accused and acquitted them under Sec. 321(b) of the Cr.P.C.