Petitioner sought quashing of charge sheet as second respondent in a cheating case alleging husband defrauded complainant. Court held petitioner had no active role in proprietorship business and quashed proceedings against her only.
Criminal Original Petition allowed and charge sheet quashed only as against the second accused/Petitioner.
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
Date of Reserving Order Date of Pronouncing Order 27.06.2022 01.07.2022
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
Crl.OP.No.30010 of 2018 and Crl.MP.No.17623 of 2018
S.Beula Rani (39 years) W/o.Edward John Rajan, Presently residing at Godwin Illam, No.3, Arrattu Road, Ozhiginasery, Nagercoil, Kanyakumari District. ... Petitioner
Vs.
1.State represented by The Inspector of Police, Central Crime Branch, Salem City, Salem.
2.Ganga Bhavani, Partner, G.B.Imports Exports, 198, Gatukadu, Annathanapatti, Salem 636 002.
... Respondents
Prayer:
Criminal Original Petition filed under Section 482 of Cr.P.C., to call for records in C.C.No.195 of 2018 on the file of the Judicial Magistrate No.IV, Salem, quash the proceedings as against this Petitioner.
For Petitioner : Mr.K.S.Kumar For Respondents : Mr.C.E.Prathap (for R1) Government Advocate (Crl. Side) Mr.B.Vasudevan (for R2)
O R D E R
This Criminal Original Petition has been filed to quash the charge sheet filed against the Petitioner in C.C.No.195 of 2018 on the file of the learned Judicial Magistrate IV, Salem under Sections 420 & 109 of IPC.
2.The defacto complainant, who is the 2 nd Respondent herein is said to have lodged a complaint with the Salem Commissioner of Police alleging that the Petitioner's husband Edward John Rajan, who is the Sole Proprietor of Aashika Export Institute, Chennai was doing business with the defacto complainant and that he owed a sum of Rs.41,66,000/- (Rupees forty one lakhs sixty six thousand only) to the defacto complainant. On the basis of the complaint forwarded from the office of the Commissioner of Police, Salem, the 1 st Respondent had filed an FIR against the Petitioner's husband Edward John Rajan, Petitioner herein and one another Viswanathan.
3.The 2 nd accused/Petitioner herein claimed quashment of the criminal proceedings against her on the ground that M/s.Aashika Export Institute is a proprietorship concern, run by the Petitioner's husband and she has no way connected with the said institute or alleged transaction between the 1 st accused and the defacto complainant.
4.The 1 st Respondent has filed counter affidavit and the same was perused.
5.On perusal of the complaint, I find that the case of the prosecution is that on 08.12.2016 at about 16.00 hours, the defacto complainant/2 nd Respondent lodged a complaint before the Commissioner of Police, Salem stating that she and her son, running a company at Salem in the name and style of GB Import Exports. They are introduced to N.Edward John Rajan/A1 and S.Beula Rani/A2, who is the wife of A1, who were owner of Aashika Export Institute at Chennai. The accused (A1 & A2) told the complainant that they are exporting dry chillies and they approached the complainant for the same. The defacto complainant have planned to export dry chillies through A1 company. They have expressed their willingness to the accused A1 & A2. A1 asked the defacto complainant to supply guntur dry chillies in bulk, for exporting the same to the traders and sent his assistant one Viswanathan/A3 along with the complainant and her son to purchase the chillies and the same was delivered to A1's company. The complainant was caused to make delivery of chilies on 18.03.2016, which values Rs.17,58,000/- and in the same manner the complainant was caused to send another consignment of chillies to the value of Rs.24,08,000/- totally Rs.41,66,000/-. The accused person not returned said amount of
Rs.41,66,000/- to the complainant. The accused A1 & A2 had intentionally declined to make any further payments to the complainants inspite of repeated demands. Thereafter the accused vacated their office and they cheated the complainant.
6.Based on the above complaint, a case was registered in CCB, Salem in Crime No.20/2016, under Section 420 of IPC. During the course of investigation, the then Inspector of Police had examined the defacto complainant and other 16 witnesses and collected related documents. After investigation, final report has been filed, showing Edward John Rajan as A1, S.Beula Rani as A2 & Viswanathan as A3. Statements were recorded by the Investigating Officer under Section 161 of Cr.P.C., and documents were also collected.
7.The investigation reveals that the entire affairs of the business of Aashika Exports are being administered by the 1 st accused/Edward John Rajan and the concern is a proprietorship under A1. A2/S.Beula Rani has no active role in connection with the business activities of M/s.Aashika Exports. Documents have been filed that are collected by the Investigating Officer, in those documents Form A application submitted for registration under Section 7(1) of the Central Sales Tax Act, 1956, the company is shown as proprietorship concern, so also various documents collected during the investigation reveal that M/s.Aashika Exports is a proprietorship concern and hence A2, merely because happened to be the wife of A1 cannot be robed in for prosecution. Since she has not committed any criminality or cognizant offence, continuing the proceedings against the person, who has not committed any criminality or not committed any act derived as crime is nothing but abuse of process of law and hence, C.C.No.195 of 2018, on the file of the learned Judicial Magistrate IV, Salem is quashed only as against the 2 nd accused/Petitioner herein.
8.Accordingly, the Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
sai
To
1. The learned Judicial Magistrate No.IV, Salem. 2. - do through The Chief Judicial Magistrate, Salem. 3. The Inspector of Police, Central Crime Branch, Salem City, Salem. 4. The Public Prosecutor, High Court, Chennai 600 104.
+1cc to Mr.K.S.Kumar, Advocate, S.R.No.41584
Crl.OP.No.30010 of 2018 and Crl.MP.No.17623 of 2018
SKM(CO) CT/26/07/2022
2 issues framed by the court
Whether criminal proceedings ought to be quashed against the second accused who is merely the spouse of the proprietor in a proprietorship concern.
Whether the spouse having no active role or connection with the alleged transaction can be held liable for the offence.
1 provisions across 1 enactments
S.Beula Rani
State represented by The Inspector of Police, Central Crime Branch, Salem City, Salem
Ganga Bhavani
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
