Kerala High Court
Bank Of Baroda (Earlier Vijaya Bank) vs Haseena on 24 February, 2021
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942
Crl.MC.No.4497 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN CC 1555/2008 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT -I, CHERTHALA
PETITIONER/DE FACTO COMPLAINANT:
BANK OF BARODA (EARLIER VIJAYA BANK)
CHERTHALA BRANCH, PERUMANTHARA BUILDING, NEAR IRON
BRIDGE, CHERTHALA, PIN - 688 524, REPRESENTED BY ITS
SENIOR MANAGER.
BY ADVS.
SMT.LATHA ANAND
SHRI.S.S VISHNU
SRI.S.VISHNU (ARIKKATTIL)
SHRI.ROHITH K.B.
SHRI.SIDHARTH P.S.
SRI.RADHAKRISHNA PILLAI B
SHRI.RISHI VARMA T.R.
SRI.ROHITH MOHAN
SRI.GAUTHAM DEV.C.P
RESPONDENTS/ACCUSED & STATE:
1 HASEENA
AGED 48 YEARS
W/O. PRASADAN, SEENA BHAVANAM, KURUMBANADOM,
MADAPPALLY, P/W WARD NO.11,CHANGANASSERY, KOTTAYAM,
PIN - 686 546.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA - 682 031.
R1 BY ADV. SRI.P.R.MADHUSUDANAN
R2 BY ADV.SRI.E.C.BINEESH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
24.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4497 OF 2020(B)
2
ORDER
During the course of trial an application was submitted by the learned prosecutor for sending the server of a computer for decoding by an expert under Section 45 of the Evidence Act. Accordingly, it was allowed and it was sent to the Forensic Science Laboratory (FSL), Thiruvananthapuram. But, the Forensic Science Laboratory (FSL) submitted an incomplete report without decoding the entire materials due to lack of sufficient equipments and machineries. Subsequently, a second application was submitted for sending the server to another expert. But it was dismissed by the learned Magistrate on the ground of delay. It is a case, wherein the offence under Sections 409, 468, 471, 477A, is alleged against the accused, who was the Manager of a Nationalized Bank, by which he had credited an amount of Crl.MC.No.4497 OF 2020(B) 3 RS.17,06,115/-(Rupees seventeen lakhs six thousand one hundred and fifteen only) out of fixed deposit before its maturity to his own account and the accounts maintained by his associates. The crime was investigated by the Police on a reference under Section 156(3) Cr.P.C and final report was laid.
2. Normally it is not permissible to curtail the right to adduce evidence by the prosecution or by the accused unless there is warranting reasons. Mere delay in a criminal prosecution is not a sufficient reason, especially when it requires expert evidence under Section 45 of the Evidence Act. Hence, the order of the learned Magistrate cannot be sustained and the same is hereby set aside. The application will stand allowed subject to the condition that steps shall be taken within ten days from the date of appearance. The Crl.MC.No.4497 OF 2020(B) 4 learned Magistrate shall take all steps so as to get the report within a time span of one month. The parties shall appear before the trial court on 03.03.2021.
The Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE SPV Crl.MC.No.4497 OF 2020(B) 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE C.M.P.8637/2019 DATED 11.10.2019 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHERTHALA.
ANNEXURE A2 TRUE COPY OF THE ORDER DATED 04.03.2020 IN C.M.P.8637/2019 IN CC NO.1555/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHERTHALA.
RESPONDENT'S EXHIBITS:
ANNEXURE R1(A) TRUE COPY OF THE ORDER IN CRL.R.P.NO.629/2014 DATED 24.10.2014 OF THIS HON'BLE COURT.
ANNEXURE R1(B) TRUE COPY OF THE ORDER DATED 15.1.2015 IN CRL.M.C.269/2015 OF THIS HON'BLE COURT.
ANNEXURE R1(C) TRUE COPY OF THE ORDER DATED 27.07.2015 IN CRL.M.P.5105/2015 OF JFCM-1, CHERTHALA.
ANNEXURE R1(D) TRUE COY OF THE ORDER IN C.M.P.NO.8856/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHERTHALA DATED 18.10.2016.
ANNEXURE R1(E) TRUE COPY OF THE ORDER DATED 1.6.2016 IN CRL.M.C.NO.7213/2015 OF THIS HON'BLE COURT.
ANNEXURE R1(F) TRUE COPY OF THE ORDER DATED 19.10.2017 IN CRL.M.C.NO.6633/2017 OF THIS HON'BLE COURT.
ANNEXURE R1(G) TRUE COPY OF THE ORDER DATED 5.02.2019 IN CRL.M.C.7777/2018 OF THIS HON'BLE COURT.
ANNEXURE R1 (H) TRUE COPY OF THE CRL.M.P.NO.5566/2019 FILED BEFORE JFCM-I, CHERTHALA.
//TRUE COPY// PA TO JUDGE