A S YADAV Vs. P V VIJAYAN NAIR

JUDGEMENT

(1.) THIS petition is filed under Section 482 of Criminal Procedure Code for quashing and setting aside the criminal prosecution filed by Respondent no.1 against the Petitioner/accused in Rev. Cri.Case No.23/1989 on the file of the Judicial Magistrate, First Class, Vengurla on a complaint filed by the Respondent alleging offence under Sections 409, 420 and 427 of IPC.

(2.) HEARD Counsel. Even though 1st Respondent has been served, neither he nor his counsel present at the time of hearing.

(3.) IT is alleged that 1st Respondent has not renewed the policies in the above terms. On the other hand, the Petitioner had to send letters and reminding him the obligation created under the hypothecation deed. The Corporation sent the notice of renewal of the Insurance Policy for the period on 24-3-1986 to the 1st Respondent reminding him that 2 Insurance Policies; one for the plant and machinery which was hypothecated to the Corporation and the other is for finished goods. By the said letter dated 24-3-1986 the Petitioner has cautioned the 1st Respondent that expiry date of the policy was on 4-4-1986 and 15-4-1986 respectively and requested him to renew the said policy by paying Rs.435/- and Rs.357/- respectively so as to reach the Corporation atleast a week before the date of the expiry. That letter has been exhibited as at Exh.A.