K. Siva Prasad Panicker v. State of Kerala and Muthoot Vehicles and Assets Finance Ltd.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE P.D.RAJAN** **WEDNESDAY, THE 12TH DAY OF FEBRUARY 2014/23RD MAGHA, 1935** ## **Crl.MC.No. 2816 of 2012 ()** **--------------------------CRIME NO. 1904/2012 OF ALUVA EAST POLICE STATION, ERNAKULAM. .........** ## **PETITIONER/1ST ACCUSED:** **-----------------------------------------** **K. SIVA PRASAD PANICKER, AGED 47 YEARS, ORIGINALLY FROM PRAKASH BHAVAN, 'ANAND', PERIGAMALA, NEDUMANGAD, NOW RESIDING AT EMPRESS HOUSE, KHADHARI TEMPLE, NEW ROAD, MANGALORE.** ## **BY ADV. SRI.SUNNY ZACHARIA.** ## **RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT.:** **--------------------------------------------------------------------------------------** **1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ALWAY EAST POLICE STATION, ERNAKULAM, THROUGH THE LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA.** **2. MUTHOOT VEHICLES AND ASSETS FINANCE LTD., CITY HEIGHTS BUILDING, 1ST FLOOR, NEAR PRIVATE BUS STAND, ALUVA, REPRESENTED BY THE BRANCH MANAGER, PAUL K.F., PIN-683 101.** **R1 BY PUBLIC PROSECUTOR MR.REJI JOSEPH. R2 BY ADVS. SRI.S.RAJEEV, SRI.S.NIDHEESH.** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **rs.** ## **Crl.MC.No. 2816 of 2012** ## **APPENDIX** ## **PETITIONER'S ANNEXURES:-** **ANNEXURE 1 CERTIFIED COPY OF THE FIR NO.1904/2012 OF ALUVA EAST POLICE STATION DATED 17/07/2012 AND THE CERTIFIED COPY OF THE RELATIVE CMP NO.1219/2012 DATED 17/07/2012. ANNEXURE 2 COPY OF THE EXTRACT OF STATEMENT OF ACCOUNT OF THE PETITIONER DATED 15/03/2010. ANNEXURE 3 COPY OF THE EXTRACT OF STATEMENT OF ACCOUNT OF THE PETITIONER DATED 17/03/2010. ANNEXURE 4 COPY OF THE EXTRACT OF STATEMENT OF ACCOUNT THE PETITIONER DATED 23/06/2010 AND 17/03/2010. ANNEXURE 5 COPY OF THE RECEIPT DATED 31/10/2009. ANNEXURE 6 COPY OF THE RECEIPT DATED 09/06/2010 ANNEXURE 7 COPY OF THE RECEIPT DATED 31/08/2010. ANNEXURE 8 COPY OF THE RECEIPT DATED 08/10/2010. ANNEXURE 9 COPY OF THE RECEIPT DATED 19/11/2010. ANNEXURE 10 COPY OF THE RECEIPT DATED 19/11/2010. ANNEXURE 11 COPY OF THE RECEIPT DATED 07/02/2011. ANNEXURE 12 COPY OF THE RECEIPT DATED 07/02/2011. ANNEXURE 13 COPY OF THE RECEIPT DATED 31/03/2011. ANNEXURE 14 COPY OF THE RECEIPT DATED 31/03/2011. ANNEXURE 15 COPY OF THE RECEIPT DATED 08/02/2011. ANNEXURE 16 COPY OF THE RECEIPT DATED 08/02/2011. ANNEXURE 17 COPY OF THE RECEIPT DATED 31/07/2011. ANNEXURE 18 COPY OF THE RECEIPT DATED 31/07/2011. ANNEXURE 19 COPY OF THE EXTRACT OF BANK STATEMENT DATED 03/11/2011.** **2/-.........** ## **Crl.MC.No. 2816 of 2012** **ANNEXURE 20 COPY OF THE EXTRACT OF BANK STATEMENT DATED 06/08/2011.** - **ANNEXURE 21 COPY OF THE RECEIPT DATED 07/02/2011. ANNEXURE 22 COPY OF THE RECEIPT DATED 19/03/2009. ANNEXURE 23 COPY OF THE RECEIPT DATED 22/04/2009. ANNEXURE 24 COPY OF THE RECEIPT DATED 01/08/2009. ANNEXURE 25 COPY OF THE RECEIPT DATED 19/11/2010. ANNEXURE 26 COPY OF THE RECEIPT DATED 31/03/2011. ANNEXURE 27 COPY OF THE RECEIPT DATED 08/02/2011. ANNEXURE 28 COPY OF THE RECEIPT DATED 31/07/2011. ANNEXURE 29 COPY OF THE EXTRACTS OF REMITTANCE DATED 04/03/2010, 15/03/2010 AND 17/03/2010.** - **ANNEXURE 30 COPY OF THE SUMMARY STATEMENT ISSUED BY THE DEFACTO COMPLAINANT DATED 02/03/2012.** - **ANNEXURE 31 COPY OF THE NOTICE DATED 24/02/2012. ANNEXURE 32 COPY OF THE NOTICE ISSUED BY THE PETITIONER DATED 15/03/2012.** - **ANNEXURE 33 COPY OF THE POSTAL ACKNOWLEDGMENT CARD.** - **ANNEXURE 34 COPY OF THE PETITION FOR ATTACHMENT BEFORE JUDGMENT DATED 06/03/2012 FILED BY RESPONDENT.** - **ANNEXURE 35 COPY OF THE PETITION FOR ATTACHMENT BEFORE JUDGMENT DATED 04/04/2012.** - **ANNEXURE 36 COPY OF THE NOTICE FOR ARBITRAL REFERENCE DATED 20/04/2012.** - **ANNEXURE 37 COPY OF THE DEED OF EQUITABLE MORTGAGE DATED 05/08/2010.** **RESPONDENT'S ANNEXURES:NIL.** ## **//TRUE COPY//** ## **P.A. TO JUDGE** **rs.** ## **P.D. RAJAN, J.** ------------------------------------------Crl.M.C. No.2816 of 2012 ---------------------------------------------Dated this the 12[th] day of February, 2014 ## **ORDER** This petition is filed U/s.482 of the Code of Criminal Procedure to quash proceedings in Crime No.1904/2012 of Aluva Police Station, which was registered U/Ss.120B, 406 and 420 IPC. Petitioner is the 1[st] accused in the above case. 2. The allegation is that the petitioner entered into a hypothecation agreement with the 2[nd] respondent and purchased a vehicle by availing a loan of Rs.50 lakhs, and he agreed to repay the amount in 36 monthly instalments. Contrary to the assurance, the petitioner failed to make repayment and he sold the vehicle. In the circumstances, the 2[nd] respondent filed Annexure-1 complaint before the Judicial First Class Magistrate, Aluva and forwarded to Aluval police u/s.153(c) Cr.P.C. After getting Annexure-1 Crl.M.C.No.2816/12 2 complaint, Aluva police registered the FIR. Hence, he approached this Court to quash the aforesaid proceedings by invoking the inherent powers of this Court. 3. Heard both sides. The inherent powers of the High Court contemplated u/s 482 Cr.P.C. has to be exercised only for the three purposes mentioned in the Section. This power cannot be invoked naturally in a matter where it is covered by a specific provision of the code. Therefore it means that if the matter in question is not covered by any provision of the code, it comes into operation, for the three purposes mentioned in the section. Inherent jurisdiction to make such orders necessary to “give effect to any order” under this code or to prevent “abuse of the process” of any court or to secure “the ends of justice”. Apex Court in Talab Haji Hussain V. Madhukar Purushotham Mondker (AIR 1958 SC 376) held that the inherent power contemplated under Section 482 Cr.P.C has to be exercised sparingly, carefully and with caution Crl.M.C.No.2816/12 3 and only where such exercise is justified by the test specifically laid down in the section itself. 4. Now the question that arises for consideration is whether this is a fit case to invoke the inherent powers of this Court U/s. 482 Cr.P.C. The petitioner's case is that he purchased two Mercidez Benz cars bearing Registration Nos.KA-04-ME-9993 and DL-04-C-NA 1375 by availing a loan from the 2[nd] respondent. The petitioner produced Annexures-5 to 28 to show the repayment of the instalments on various dates. He admitted that there was some substantial amount due and after getting information about the same, he remitted the entire amount and therefore, at present, there is no due amount pending. 5. The available records show that prima facie case is made out against the petitioner. When prima facie case is made out against the petitioner, this is not a fit case to invoke the inherent powers of this Court U/s. 482 Cr.P.C. Relied decision in _**Madhu Limaye**_ v. _**The State of**_ Crl.M.C.No.2816/12 4 _**Maharashtra**_ [ (1997) 4 SCC 551]. Accepting the above legal principles, I am of the view that this is not a fit case to invoke the inherent powers of this Court U/s.482 Cr.P.C. and the petition is dismissed accordingly. **P.D. RAJAN, JUDGE.** acd Crl.M.C.No.2816/12 5