R.Ashok Kumar vs The State Of Tamil Nadu
2021 Latest Caselaw 22300 Mad

                                                                              Crl.O.P.No.19478 of 2017 and
                                                                        Crl.M.P.Nos.11768 & 11769 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Date: 12.11.2021

                                                       CORAM:

                              THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                             CRL.O.P.No.19478 of 2017
                                                        and
                                         CRL.M.P. Nos.11768 & 11769 of 2017

                     R.Ashok Kumar                                     ... Petitioner/Accused No.2
                                                           - Vs -
                     1. The State of Tamil Nadu
                        rep. by the Inspector of Police,
                        C.C.I.W.CID,
                        Villupuram District.                           ...Respondent/Complainant

                     2. M.Raja,
                        Deputy Registrar,
                        Milk Consumer Co-operative Society,
                        Villupuram, Villupuram District.               ...Respondent

                           (R2 is impleaded as per order in Crl.M.P.No.1687 of 2020 in
                     Crl.O.P.No.19478 of 2017 dated 11.02.2020)

                     PRAYER: Criminal Original Petition filed under Section 482 of Code of
                     Criminal Procedure, to call for the records pertaining to the proceedings
                     pending in C.C.No.226 of 2016 on the file of the learned Judicial Magistrate
                     No.I at Villupuram and to quash the same.



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https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P.No.19478 of 2017 and
                                                                             Crl.M.P.Nos.11768 & 11769 of 2017

                                        For Petitioner     : Mr.D.Dayalan

                                        For Respondents : R1 - Mr.S.Vinoth Kumar
                                                              Government Advocate (Criminal Side)

                                                            R2 – No appearance

                                                            ORDER

The above petition has been filed to quash the proceedings pending in

C.C.No.226 of 2016 on the file of the learned Judicial Magistrate No.I at

Villupuram for the offences under Sections 120(B), 408, 409, 465, 471,

477(A) of I.P.C.

2. The allegation against the petitioner is that while he was working

as a cashier in Villupuram Milk Consumer Co-Operative Society, along

with A1, misappropriated a sum of Rs.3,10,681/- (Three Lakh Ten

Thousand and Six Hundred and Eighty One Only), thereby, they have been

prosecuted and final report has been filed. The only allegation of the

petitioner is that the entire misappropriated amount has been repaid and the

main allegation is only against A1 and therefore final report as against the

petitioner be quashed.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.19478 of 2017 and Crl.M.P.Nos.11768 & 11769 of 2017

3. At the outset, this Court is unable to agree with the submissions

made by the petition. Mere repayment of the alleged misappropriated

amount will not absolve the persons from the crime. At any event, it is for

the Trial Court while considering the matter at the time of judgment, if at all

Trial Court finds that guilt has been established against the petitioner,

repayment may be one of the mitigating circumstances for the lineancy.

Therefore, this Court did not find any merits in this Criminal Original

Petition.

4. Accordingly, this petition is dismissed. Consequently, connected

miscellaneous petitions are closed.

                                                                                              12.11.2021
                     vrc/kbs
                     Index      : Yes
                     Internet : Yes
                     Speaking Order

https://www.mhc.tn.gov.in/judis Crl.O.P.No.19478 of 2017 and Crl.M.P.Nos.11768 & 11769 of 2017

N.SATHISH KUMAR, J.

vrc/kbs

CRL.O.P.No.19478 of 2017 and CRL.M.P. Nos.11768 & 11769 of 2017

12.11.2021

https://www.mhc.tn.gov.in/judis