The Appellant who was the Managing Partner of Shree Narayana Transport Company, Calicut filed a Criminal Miscellaneous Petition on 19 2 68 in the High Court of Kerala against the order of the Assistant Sessions Judge according permission to the Public Prosecutor for withdrawing from the prosecution.
The Magistrate on the materials disclosed in the report under Sec.
It is alleged that the 1st Respondent issued nine Way Bills on different dates in favour of the 2nd Respondent, as if the goods were received but in fact numbersuch goods were accepted for transport number were any such goods dispatched.
1589/67 Home B dated 22 11 67 directing the withdrawal of the case with the sanction of the Court, in the interest of public policy as also because there was numberlikelihood of the case being pursued to a successful issue.
This fraud was detected on a check made by the General Manager of Shree Narayana Transport Co., Kozhikode and it appears that the 1st accused 1st Respondent executed an agreement in favour of the Transport Company undertaking to make good the loss suffered by it, after which he was suspended on 10 4 63.
These Way Bills were duly discounted by the second Respondent the companysigner who drew about Rs.
These Way Bills companytained an undertaking that in the event of any of the Banks discounting them and if goods are lost or damaged during transport,, the Transport Company will be responsible to the Bank.
The 1st Respondent was the Agent of Shree Narayana Transport Company of one of its Branches namely at Baliapattom and in that capacity it was one of his duties to accept goods from the Public for transporting them by lorry service of the Company and issue Way Bills.
filed by the Public Prosecutor that the alleged offences charged against the accused arose out of a companytract agreed to between the accused and the defacing companyplainant viz.,
After this petition was dismissed the Respondents seem to have moved the State Government to withdraw the prosecution and accordingly, as would appear from the Memo.
It was stated in the Memo.
Appeal by special leave from the judgment and order dated June 25, 1968 of the Kerala High Court in Criminal M.P. Nos.
173 companymitted the accused to stand trial before the Assistant Sessions Court on 15 6 65 against which a Revision was filed in the High Court of Kerala on 9 7 65.
84,000 against, them from his Bank .
Sreedharan Nambyar, for the appellant.
On the same day a companyplaint was filed before Baliapattom Police and a case was accordingly registered against both Accused 1 and Accused 2.
494 of the Criminal Procedure Code for permission to withdraw from the prosecution which permission was accorded by the Assistant Sessions Judge on 2 12 67.
12 of 1969.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
filed by the Public Prosecutor on 30 11 67, the Government passed an order G.O. Rt.
Lily Thomas, for respondent No.
G. Pudissery, for respondent No.
After investigation the Sub Inspector of Police, Baliapattom filed a charge sheet.
The Judgment of the Court was delivered by Jaganmohan Reddy, J. Respondent 1 and Respondent 2 were companymitted on 15th June 1965 by the Second Class Magistrate, Cannanore to stand trial before the Assistant Sessions Judge, Tellichery, the former for offences under Sections 467, 478 and 420 read with Section 109 of the Indian Penal Code while the latter under Sections 467 read with 109, 471 and 420.
While the case was pending before the Assistant Sessions Judge, the Public Prosecutor of Tellicherry filed a Memo on 30 11 67 under Sec.
175, 177 and 179 of 1968.
