This Criminal Original Petition under Section 482 Cr.P.C. sought to quash criminal proceedings initiated against petitioners accused of misusing trust funds. The Court held that factual disputes regarding the petitioners' role and evidence lie for the trial Court to decide.
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 29.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No. 18525 of 2017 and Crl.M.P.Nos. 11272 and 11275 of 2017
1.Vanitha Devi 2.Senthil Kumar . . . Petitioners
Versus
1.K.R.Eswaramurthy 2.Aingaran Educational Trust, Door No.180-B, Alaguvel Layout, S.V.Mill Post, Udumalpet, Tirupur District. 3.T.Aruna 4.S.Indrani
5.T.Shathan
6.T.Muthuraj . . . Respondents
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the proceedings initiated against them in C.C.No.21 of 2017 on the file of the learned Judicial Magistrate No-I, Tirupur.
For Petitioners : Mr.N.Somasundaar
For Respondents : No appearance
O R D E R
This Criminal Original Petition has been filed to quash the proceedings initiated against the petitioners in C.C.No.21 of 2017 on the file of the learned Judicial Magistrate No-I, Tirupur.
The first respondent herein is none other than the brother of one Mr.K.R.Murugasamy, an ex-trustee of Aiyangaran Educational Trust. The impugned cheque was issued by the ex-
trustee of Aiyangaran Educational Trust to the defacto complainant/first respondent for the discharge of amount borrowed from him. Problem arose with regard to the handling of money transactions and misusing of Trust cheques. The petitioners herein/accused 4 and 6 were inducted as new trustees. Hence a complaint has been lodged by the first respondent in C.C.No.21 of 2017 on the file of the learned Judicial Magistrate No.1, Tirupur.
Sd/Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
psa/mvs
To
The Judicial Magistrate No-I, Tirupur.
+1cc to Mr.N.Somasundaar, Advocate, S.R.No.62187
Crl. O.P. No. 18525 of 2017
GPL(CO) CT/17/12/2021
2 issues framed by the court
Whether the merits of the dispute regarding trust fund handling should be examined by this Court at the stage of quashing proceedings.
Whether the allegations that money was directly received by the petitioners warrant quashing of criminal proceedings.
1 provisions across 1 enactments
Vanitha Devi
Senthil Kumar
K.R.Eswaramurthy
Aingaran Educational Trust
T.Aruna
S.Indrani
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
