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2017 Supreme(Online)(KER) 2771

HIGH COURT OF KERALA
A.M.BABU, J
VINOD BABU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SRI.P.V.GEORGE(PUTHIYIDAM), SMT.MAYA . M.

ORDER

1.Petitioners are the accused in C.C.1671/2013 pending before the Judicial Magistrate-II, First Class, Kochi. They allegedly committed offences punishable under Secs 120B, 406, 417, 418 and 420 of IPC read with 34. The relief they seek under Sec.482 of Cr.P.C is to quash the criminal prosecution against them.

2.The 2nd respondent filed annex-1 complaint against the petitioners. The complaint was forwarded to the police under Sec.156(3) of Cr.P.C. Annex-2 FIR was registered. Investigation was conducted. Annex-3 final report was filed. The learned magistrate took cognizance.

3.Heard the learned counsel for the petitioners, the learned counsel for the 2nd respondent and the learned public prosecutor.

Crl.M.C.6563/13

4.The petitioners are the employees of a financier by name M/s Shriram Transport Finance company Ltd. The 2nd respondent had availed of a loan of Rs.2,50,000/- from the financier for the purchase of a tipper lorry. The loan was to be re-paid with interest in equated monthly instalments. The 2nd respondent remitted a few instalments and defaulted the remaining instalments. The vehicle was therefore taken possession of by the financier through its staff. The above are

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