VENKITA SUBBU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in CC No.513/2016 of the Judicial First Class Magistrate's Court(Temporary), Thiruvananthapuram based on Annexure-A2 final report in Crime No.879/2015 of Valiathura Police Station for the offence under Section 420 read with Section 34 IPC. Annexure-A1 is the FIR. It seems that from the very beginning, that is from Annexure-A1 onwards, the offence alleged is the offence under Section 420 read with Section 34 IPC.

(2.) In Annexure-A1, one Dilipkumar A, who was the Chief Manager, SBT, Kochuveli Branch, was the de facto complainant/informant. As per the contents of Annexure-A1, the allegation is that the 1st accused, who was the previous employee of the SBT, Kochuveli Branch, cheated the bank by misappropriating an amount of 5,79,721/- through the accounts of A1 to A4 in the bank, for the period from 01.10.2009 to 29.06.2015. Almost all the same are the allegations in Annexure-A2 also.

(3.) The bank filed a civil suit as OS No.1434/2015 before the Principal Munsiff's Court, Thiruvananthapuram for the realisation of the amount. Ultimately, the matter was referred for mediation. The matter was mediated in the presence of the petitioners herein and the plaintiff/Chief Manager, Kochuveli Branch of the SBT. A successful mediation was conducted and Annexure-A3 mediation settlement agreement was prepared. A separate sheet was appended with the mediation settlement agreement under the caption "Compromise Agreement". Annexure-A3 makes it clear that "the above case has been settled/compromised between the parties subject to the terms and conditions as stated in the sheet separately attached therewith". The terms and conditions are noted in the said separate sheet. The last condition is clause No.6 in the Compromise Agreement, which reads-