RENJITH Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The prayer in this Criminal Miscellaneous Case instituted under Sec.482 of the Code of Criminal Procedure praying for invocation of the inherent powers conferred on this Court as per that provision, is for an order to quash the impugned Anx.II final report/charge sheet filed in Anx.i Crime No. 865/2013 of Kalamassery Police Station, which has led to the institution of Calendar Case, C.C. No. 921/2015 on the file of the Judicial First Class Magistrate's Court, Kalamassery and all further proceedings arising therefrom, on the ground of settlement between the petitioner accused and the 3rd respondent defacto complainant.

(2.) The petitioner herein is accused in the impugned Anx.1 -Crime No. 865/2013 of Kalamassery Police Station, registered for offences punishable under Secs. 420, 467, 468, 120B read with Sec. 34 of the I.P.C. The Police, after investigation submitted the impugned Anx.II final report/charge sheet, which has now led the institution of Calendar Case, C.C. No. 921/2015 on the file of the Judicial First Class Magistrate's Court, Kalamassery in respect of the aforestated offences.

(3.) The impugned criminal proceedings were initiated at the behest of the defacto complainant (3rd respondent Bajaj Finance Company Ltd.). The gist of the allegation is that the petitioner had availed a vehicle loan from the 3rd respondent Finance Company and had sold it during the pendency of the hypothecation agreement by producing false documents and thereby caused loss of Rs. 1,18,834/ - to the 3rd respondent Finance Company.