Kerala High Court
Dharmaraj Rusalam vs State Of Kerala on 20 January, 2021
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
Crl.MC.No.3534 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN CC 25/2020 OF CHIEF JUDICIAL
MAGISTRATE COURT, THIRUVNANANTHAPURAM
PETITIONER/4th ACCUSED:
DHARMARAJ RUSALAM
BISHOP, SOUTH KERALA DIOCESE, LMS COMPOUND,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENTS/STATE & COMPLAINT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 D.MANO, S/O.V.DEVADASAN, SECRETARY, C.S.I.CHURCH,
KURAVANKONAM, THIRUVANANTHAPURAM DISTRICT, RESIDING
AT T.C.4/1520(3), KAVU ROAD, KOWDIAR,
THIRUVANANTHAPURAM DISTRICT, PIN CODE-695003.
R2 BY ADV. SRI.R.T.PRADEEP
R2 BY ADV. SMT.M.BINDUDAS
R2 BY ADV. SRI.K.C.HARISH
PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
20.01.2021, ALONG WITH Crl.MC.4029/2020(C), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.MC.3534/2020, Crl.MC.4029/2020 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
Crl.MC.No.4029 OF 2020(C)
AGAINST THE ORDER/JUDGMENT IN CC 25/2020 OF CHIEF JUDICIAL
MAGISTRATE COURT, THIRUVANANTHAPURAM
CMP NO.388 OF 2018 BEFORE COURT OF CHIEF JUDICIAL MAGISTRATE,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.3
MOLLY THOMAS, AGED 61 YEARS,
W/O.GEORGE PHILIP,SRWA NO.8,
SREE HILLS COLONY,THIRUMALA,
THIRUVANANTHAPURAM,PIN-695006,
(FORMER CHIEF MANAGER(RETIRED),
STATE BANK OF INDIA, PB BRANCH,NANTHENCODE,
THIRUVANANTHAPURAM).
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
RESPONDENTS:STATE, COMPLAINANT & VICTIMS
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COIURT OF KERALA.
2 D.MANO,
S/O.V.DEVADASAN,TC 4/1520(3),
KAVU ROAD,KAWADIAR,
THIRUVANANTHAPURAM,PIN-695003.
(FORMER SECRETARY,MM CHURCH CENTENARY MEMORIAL CSI
CHURCH,KURAVANKONAM,THIRUVANANTHAPURAM).
3 M.M.CHURCH CENTENARY MEMORIAL CSI CHURCH,
KURAVANKONAM,THIRUVANANTHAPURAM,
PIN-695003,
REPRESENTED BY ITS PRESIDENT(CHURCH WORKER).
Crl.MC.3534/2020, Crl.MC.4029/2020 3
4 ACCOUNTANT,
M.M.CHURCH CENTENARY MEMORIAL CSI
CHURCH,KURAVANKONAM,
THIRUVANANTHAPURAM,
PIN-695003.
R2 BY ADV. SRI.R.T.PRADEEP
R2 BY ADV. SRI.K.C.HARISH
PUBLIC PROSECUTOR.SRI.M.R.DHANIL, SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
20.01.2021, ALONG WITH Crl.MC.3534/2020(B), THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
Crl.MC.3534/2020, Crl.MC.4029/2020 4
ORDER
Crl.M.Cs. are not pressed into service. Hence dismissed as not pressed.
Sd/-
P.SOMARAJAN JUDGE msp Crl.MC.3534/2020, Crl.MC.4029/2020 5 APPENDIX OF Crl.MC 3534/2020 PETITIONER'S/S ANNEXURES:
ANNEXURE A CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.
ANNEXURE B CERTIFIED COPY OF THE DEPOSITION OF PW1 IN CMP NO.388/2019 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.
ANNEXURE C CERTIFIED COPY OF THE DEPOSITION OF PW3 IN CMP NO.388/2019 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.
ANNEXURE D CERTIFIED COPY OF THE ORDER DATED 23.1.2020 IN CMP NO.388/2018 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.
ANNEXURE E PHOTOCOPY OF THE COMMUNICATION DATED
2.10.2013 ISSUED BY THE TREASURER, CSI SYNOD.
ANNEXURE F PHOTOCOPY OF THE LETTER DATED 20.3.2017 ISSUED BY THE FINANCIAL ADMINISTRATOR OF THE SOUTH KERALA DIOCESE.
ANNEXURE G PHOTOCOPY OF THE LETTER DATED 18.4.2017 ISSUED BY THE PETITIONER TO THE BRANCH MANAGER.
ANNEXURE H PHOTOCOPY OF THE LETTER DATED 10.7.2017 ISSUED BY THE BANK TO THE PRESIDENT OF THE CHURCH.
ANNEXURE I PHOTOCOPY OF THE PROCEEDINGS NO.SKD(B)B&C 116/783/18 DATED 10.1.2018. Crl.MC.3534/2020, Crl.MC.4029/2020 6 APPENDIX OF Crl.MC 4029/2020 PETITIONER'S/S ANNEXURES:
ANNEXURE A CERTIFIED COPY OF THE CMP NO.388/2018 BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE,THIRUVANANTHAPURAM ANNEXURE B TRUE COPY OF THE LETTER DATED 18.04.2017 FROM BISHOP ADDRESSED TO BRANCH MANAGER,SBT ANNEXURE C TRUE COPY OF POWER OF ATTORNEY DATED 30.08.2016 ISSUED ON BEHALF OF THE CSI TRUST ASSOCIATION BY ITS HON.SECRETARY.
ANNEXURE D TRUE COPY OF THE DECISION BEARING NO.SK 150/2013 OF THE SOUTH KERALA DIOCESE OF CSI.
ANNEXURE E TRUE COPY OF THE CHEQUE DATED 29.04.2017 BEARING NO.03718 ISSUED BY M.M.CHURCH CENTENARY MEMORIAL CSI CHURCH.
ANNEXURE F TRUE COPY OF THE MINUTES DATED 04.03.2018 OF THE M.M.CHURCH CENTENARY MEMORIAL CSI CHURCH COMMITTEE MEETING.
ANNEXURE G CERTIFIED COPY OF THE ORDER DATED 23.01.2020 IN CMP NO.388 OF 2018 BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE,THIRUVANANTHAPURAM.
RESPONDENTS ANNEXURES:NIL //TRUE COPY// P.A. TO JUDGE