The court exercised powers under Section 482 CrPC to quash criminal proceedings against four accused for offences under Sections 467, 468, 471, and 474 IPC. The quashment was based on the absence of prima facie proof of the alleged offences.
The proceedings in C.C.No.276 of 2014 against all four accused are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.08.2016
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
CRL.OP.No.20827 of 2014
and M.P.No.1 of 2014
Hippolistes Fernando ...Petitioner/Accused No.4
Vs Ramesh Kumar ...Respondent/Complainant
Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in CC.No.276 of 2014 on the file of the learned Judicial Magistrate No.VI, Coimbatore, filed by the respondent under Section 200 CrPC and to quash the proceedings in exercise of the powers of this Court under Section 482 CrPC, as an abuse of process of Court, causing injustice to the petitioner.
For Petitioner : Mr.M.Kalyanasundaram Senior Counsel for Mr.K.Palaniswamy
For Respondent : Mr.P.Sidharthan O R D E R
This petition has been filed to quash the proceedings in CC.No.276 of 2014 on the file of the learned Judicial Magistrate No.VI, Coimbatore, filed by the respondent under Section 200 Cr.P.C.
about 34 blank cheque leaves along with RC book and other documents near Ukkadam bus stand in Coimbatore. While so, on 06.04.2014, his employee Shanmugam happened to accidentally meet Vasu/A2 and Hippolistes Fernando/A4 in a hotel and at that time, they both seem to have told Shanmugam that they are in possession of the cheques of Ramesh Kumar, with which, they have filed a 138 Negotiable Instruments Act prosecution against Ramesh Kumar through Malaisamy/A3. Based on this statement, the present private complaint has been filed alleging that the four persons have committed the aforesaid offences.
gya Sd/Asst.Registrar
/true copy/
Sub Asst. Registrar
To
1.The Judicial Magistrate No.VI, Coimbatore.
KR/29/8/16
CRL.OP.No.20827 of 2014 and M.P.No.1 of 2014
2 issues framed by the court
Whether criminal proceedings initiated under Section 467, 468, 471, 474 r/w 120B IPC should be quashed under Section 482 CrPC as an abuse of process.
Whether the prosecution is maintainable based solely on a recovery statement of an employee.
7 provisions across 2 enactments
Hippolistes Fernando
Ramesh Kumar
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
