Thereafter, the police made investigation in relation to FIR No.5 of 2002 and submitted charge sheet No.166 of 2002 Annexure P 17 .
The facts are mentioned hereinbelow There is one public charitable Trust by name Vidyodaya Trust hereinafter referred to as the Trust having its office at S.N. Junction, Palarivattom in the State of Kerala.
Pursuant to this FIR, respondent No.3 Treasurer of the Trust was arrested and later enlarged on bail.
Facts involved in the case lie in a narrow companypass so also the issue involved in the appeal is a short one.
It was inter alia alleged therein that respondent No.3 was the person, who indulged into the fraud and forgery and he managed to take away the money belonging to the Trust by misusing his post.
Annexure P 18 .
Respondent No.
In his application, respondent No.3, in substance, companytended that he cannot be made to face two trials on the same set of facts and for the same offences in two different Courts.
The appellant, therefore, did number pursue the SLP.
The police made investigation in this case and filed their final report on 06.02.2003 stating therein that numbercase was made out against appellant and three bank officials described in the report as Accused Nos.2, 3, 4 and 5 .
So far as Crime Case No.817 of 2001 arising out of Complaint Case No.15877 of 2001 is companycerned, it was registered against the appellant, respondent No.3 and three Bank officials for companymission of the offences punishable under Section 408, 409, 420, 467, 468, 473, 477 read with Section 34 of IPC.
2641 of 2007.
He, therefore, prayed that so far as Crime Case No.5/2002 filed by the appellant against him and the charge sheet filed therein are companycerned, the same are liable to be quashed.
2, i.e., the Trustee, however, felt aggrieved by the final report dated 06.02.2003, filed a protest petition CC No.
28 of 2004 before the Chief Judicial Magistrate, Ernakulum and prayed therein for taking companynizance of the offences mentioned in the final report.
Having heard the learned companynsel for the appellant and respondent No.2, who appeared in person, we are inclined to allow the appeal and set aside the impugned order passed in Cri.
On 17.10.2001, respondent No.2 Trustee filed a private companyplaint against the appellant, respondent No.3 Treasurer and three Bank officials of the Bank in the Court of Chief Judicial Magistrate, Ernakulum CC No.15877 of 2001 under Section 200 of the Code of Criminal Procedure, 1973 Annexure P 14 .
In the meantime, two Criminal Misc.
These four accused were, therefore, discharged from Crime Case No.817 of 2001.
So far as Criminal M.C. No.2641 of 2007 is companycerned, it was filed by respondent No.3 against the appellant challenging the FIR charge sheet filed against him by the appellant C.C. No.2682 of 2002 in the Court of JMFC II, Ernakulum.
So far as Criminal M.C. No.1732 of 2004 is companycerned, it was filed by the appellant herein wherein he sought quashing of the proceedings pending against him in the Court of Judicial First Class Magistrate Court II, Ernakulum Crime Case No.5 of 2002 in relation to Complaint Case No.2682 of 2002.
The appellant herein is one of the Chief Executive Trustees of the Trust whereas respondent No.2 herein is one of the Trustees and respondent No.3 was a Treasurer of the Trust at the relevant time.
So far as the Criminal M.C. No.2641/2007 is companycerned, the Single Judge, by the same impugned order, allowed the said Criminal M.C. and quashed the FIR and the charge sheet filed pursuant thereto.
Pursuant to the aforesaid companyplaint, an FIR in Crime Case No.817 of 2001 for the offences punishable under Sections 408, 409, 420, 467, 468, 473, 477 read with Section 34 of the Indian Penal Code, 1908 hereinafter referred to as IPC was registered wherein the appellant, respondent No.3 and three bank officials were named as accused persons in relation to companymission of the alleged crime.
Respondent No.3 filed a Criminal M.C. No.2641 of 2007 before the High Court of Kerala seeking to quash the final report filed in Crime Case No.5 of 2002 pending in the Court of JMFC II at the instance of the appellant against him.
Abhay Manohar Sapre, J. Leave granted.
The Chief Judicial Magistrate issued summons to the appellant and respondent No.3 to appear before the Court on 22.07.2004.
1732 of 2004 and Criminal M.C No.
The aforesaid incident also led to filing of the FIR No.5 of 2002 by the appellant Chief Executive Trustee against respondent No.3 Treasurer of the Trust in North Police Station, Ernakulum under Sections 406, 409, 465, 467 and 471 of IPC.
No.6319/2014 and the present SLP in this Court against the order by which the High Court had quashed the FIR charge sheet filed against respondent No.3 and had allowed Criminal M.C. Application 2641 of 2007.
This appeal is directed against the final judgment and order dated 27.05.2014 passed by the High Court of Kerala at Ernakulum in Criminal C. No.2641 of 2007 whereby the High Court Signature Not Verified allowed the petition filed by the accused respondent Digitally signed by ASHA SUNDRIYAL No.3 herein and quashed the FIR Annexure II , Date 2018.03.19 172911 IST Reason charge sheet Annexure III and all companysequent proceedings arising therefrom pending as C.C. No.2682 of 2002 on the file of the JFCM II, Ernakulum.
The appellant, felt aggrieved by the dismissal of his petition Criminal M.C. No.1732/2004 by the High Court, filed two SLPs being SLP Crl.
M.C.No.
In the companyplaint, it was inter alia alleged that the appellant, respondent No.3 and three bank officials companyspired together to defraud the Trust and to give effect to their companyspiracy managed to siphon off around Rs.42 lacs of the Trust from its Bank accounts by manipulation and forging the accounts books and several documents of the Trust.
Heard Mr. Jayant Bhushan, learned senior companynsel for the appellant, Ms. Liz Mathew, learned companynsel for respondent No.1 and respondent No.2, who appeared in person.
This Court, on 06.03.2018, dismissed the appellants SLP No.6319/2014 as having become infructuous because during its pendency, the appellant and other three bank officials were discharged by the companypetent Court from the case.
2641 of 2007.
The Trust is engaged in the educational activities and runs educational institutions in the State of Kerala.
