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2013 Supreme(Ker) 671

K.RAMAKRISHNAN
South Indian Bank Ltd. , represented by its Managing Director & CEO. – Appellant
Versus
Paul Vareed Cheruvathoor – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:P. Vijaya Bhanu, Senior Advocate, M. Revikrishnan, Advocate.
For the Respondents: R2, P.P. Padmalayan, Public Prosecutor.

Judgment :

1. Accused Nos.1 to 9 in CC No.45/10 on the file of the Chief Judicial Magistrate, Thrissur are the petitioners herein. They filed the petition before this Court to quash Annexure A complaint and all further proceedings in CC No.45/10 of that court as regards the petitioners are concerned, under Section 482 of the Code of Criminal Procedure (for short, the Code).

2. The case of the petitioners in the petition was that the first respondent was an employee of the first petitioner bank and some disciplinary proceedings were initiated against him and thereafter, he was dismissed from service. While he was working at Ananthawady Branch, Tamil Nadu, he filed OP No.3000/08 before the Sub Court, Thrissur, challenging his dismissal from service as illegal. While the bank had issued a notice under Section 13(2) of the SARFAESI Act through their Deputy Manager, Regional Office, Sterling Road, Changanasseri, he challenged the same before this Court by filing Writ Petition(C) No.9619/06. On 1.8.2006, the 10th accused filed a counter affidavit in the writ petition, representing the South Indian Bank Limited. On the basis of some averments in the counter affidavit, the first respondent






















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