Two cooperative bank employees (A15 and A16) sought quashing of a charge sheet alleging misappropriation of dividend funds causing loss to the bank. The court found no specific overt acts or material against them and quashed the proceedings.
Charge sheet in C.C.No.670 of 2020 against petitioners quashed; connected criminal miscellaneous petitions closed.
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.
Crl.O.P.Nos. 5840 & 6223 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.Nos. 5840 & 6223 of 2022 and
Crl.M.P.Nos.3218, 3220 & 3515 of 2022
P.Murugesan .. Petitioner in Crl.O.P.No.5840/2022
S.Bhuvaneswari ... Petitioner in
Crl.O.P.No.6223/2022
Versus
... Respondents in both Crl.O.P.s
Page No.1 of 6
Crl.O.P.Nos. 5840 & 6223 of 2022
COMMON PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.670 of 2020 pending trial on the file of learned Judicial Magistrate No.II, Namakkal and quash the same.
For Petitioners in both Crl.O.P.s : Mr.R.Balaramesh For Respondents in both Crl.O.P.s : Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side)
COMMON ORDER
These Criminal Original Petitions have been filed seeking to quash
the charge sheet in C.C.No. 670 of 2020 on the file of learned Judicial Magistrate No.II, Namakkal respectively.
3. Brief facts of the case is as follows :-
Both the petitioners have colluded with other accused and caused
wrongful loss to the cooperative bank to the tune of Rs.1,13,609/- and decided to swindle the money, which is meant for disbursal of
Page No.2 of 6
Crl.O.P.Nos. 5840 & 6223 of 2022
shareholders as dividend. Therefore, all the accused A1 to A20 were charged under Sec.406, 408, 468, 420, 477A, r/w 34 of I.P.C. As per the complaint, the fact reveals that a Namakkal Cooperative Bank, wherein A1 is working as a Manager and he is having custody over entire affairs of Bank and to control each and every subordinate workers under his supremacy. As per the allegation, all were having a common intention for making wrongful loss to the bank and they intended to swindle money, which was meant for disbursal of shareholders as dividend. Accordingly, a sum of Rs.1,13,609/- is the loss caused to the bank in the year of 2019. Now, the petitioners, who are ranked as A15 and A16 have filed this petition to quash the proceedings initiated against them.
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Crl.O.P.Nos. 5840 & 6223 of 2022
loss to the bank. Hence, they prayed to quash the proceedings initiated against them.
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Crl.O.P.Nos. 5840 & 6223 of 2022
the proceedings initiated in C.C.No. 670 of 2020 on the file of learned Judicial Magistrate-II, Namakkal respectively is quashed. Consequently,
connected Criminal Miscellaneous Petitions are closed.
06.02.2024
Index: Yes/No Internet: Yes/No rpp
To
Page No.5 of 6
Crl.O.P.Nos. 5840 & 6223 of 2022
T.V.THAMILSELVI, J.
rpp
CRL.O.P.Nos. 5840 & 6223 of 2022
06.02.2024
Page No.6 of 6
1 issue framed by the court
Whether the charge sheet against A15 and A16 could be quashed for absence of specific overt acts and material against them.
2 provisions across 2 enactments
P.Murugesan
S.Bhuvaneswari
Inspector of Police, C.C.I.W.C.I.D. Unit, Namakkal District
Deputy Registrar of Cooperative Societies, Namakkal Circle, Namakkal
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
