IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3^RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946 CRL.MC NO. 4696 OF 2018 AGAINST THE ORDER/JUDGMENT DATED IN CC NO.602 OF 2018 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM PETITIONER/S: JAIMON JOSEPH AGED 49 YEARS AGED 49 YEARS,S/O.LATE JOSEPH,JMJ TRADERS,KOOTTUMALAKUNNEL HOUSE,MANJOOR.P.O,KURUPPANTHARA,KOTTAYAM-686603.

BY ADVS.

SRI.NIREESH MATHEW SRI.C.C.THOMAS SR.

RESPONDENT/S:

1 THE NATIONAL COMMODITY & DERIVATIVES EXCHANGE LTD.

501,LANDMARK ENCLAVE,S.A.ROAD,VALANJAMBALAM,KOCHI-

682016, AND HAVING ITS REGISTERED OFFICE AT ACKRUTI CORPORATE PARK,LBS ROAD,KANJUR MARG(W),MUMBAI-

400078,REPRESENTED BY ITS AUTHORISED OFFICER,MR.SURESH NAIR,SR.VICE PRESIDENT-LEGAL.

2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682031.

BY ADVS.

SRI.MADHU RADHAKRISHNAN SRI.NELSON JOSEPH SRI.M.D.JOSEPH OTHER PRESENT:

SRI.SANGEETHARAJ.N.R, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J –-------------------------------------

Crl.M.C. No. 4696 of 2018 --------------------------------------

Dated this the 3^rd day of October, 2024

O R D E R

This Criminal Miscellaneous case is filed with following prayers :

“...pass an order quashing Annexure A complaint and all its further proceedings in CC No.602/2018 on the file of the Addl. Chief Judl. Magistrate Court (Economic Offences), Ernakulam by allowing the above Crl.M.C.” [sic]

2. The counsel for the 1^st respondent submitted that the 1^st respondent is ready to withdraw the complaint and because of the stay in this case, the learned Magistrate is not permitting the same. If that is the case, I think this Criminal Miscellaneous case can be closed and the 1^st respondent can file appropriate application before the trial court under Sec.257 Cr.P.C. for withdrawing the complaint.

Therefore, this Criminal Miscellaneous case is closed.

Registry will forward a copy of this order to the trial court forthwith.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS APPENDIX OF CRL.MC 4696/2018 PETITIONER ANNEXURES ANNEXURE-A: CERTIFIED COPY OF THE COMPLAINT DATED

28.10.2016 PENDING BEFORE THE ADDL.CHIEF JUDICIAL MAGISTRATE COURT(ECONOMIC OFFENCES), ERNAKULAM.

ANNEXURE-B: TRUE COPY OF THE ORDER DATED 7.8.2013 OF THE COMMISSIONER OF FOOD SAFETY AND STANDARDS,TRIVANDRUM.

ANNEXURE-C: TRUE COPY OF W.P(C)NO.29757/2013 FILED BY THE 1ST RESPONDENT BEFORE THIS HON'BLE COURT ANNEXURE-D; TRUE COPY OF THE ORDER DATED 28.08.2014 IN I.A.NO.11614/2014 IN W.P(C)NO.3781/2014 AND CONNECTED CASES ANNEXURE-E; TRUE COPY OF ONE OF THE ORDER DATED

16.6.2015 OF THE COMMISSIONER OF FOOD SAFETY.

ANNEXURE-F: TRUE COPY OF THE CONTRACT SPECIFICATIONS OF PEPPER OF THE 1ST RESPONDENT AS ON NOVEMBER 2012.

ANNEXURE-G; TRUE COPY OF THE CONTRACT SPECIFICATIONS OF PEPPER.

ANNEXURE-H: TRUE COPY OF THE LETTE DATED 26.11.2014 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ANNEXURE-I: TRUE COPY OF THE REPLY DATED 11.12.2014 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT ANNEXURE-J: TRUE COPY OF THE SALE DETAILS PREPARED BY THE PETITIONER.