The Supreme Court while setting aside a Karnataka High Court Judgement, has held that alleged co-accused not being chargesheeted can't be a ground to quash criminal proceedings under Section 482 Cr.P.C
"Merely because some other persons who might have committed the offences, but were not arrayed as accused and were not charge-sheeted cannot be a ground to quash the criminal proceedings against the accused who is charge-sheeted after a thorough investigation.", the Division Bench of Justice B.V. Nagarathna and Justice M.R. Shah noted.
The Court opined via its judgement that it is not for the High Court to check the genuineness of contents of FIR in a Sec.482 CrPC Petition.
Brief Facts of the Case
The appellant-bank herein had filed a complaint against the respondents under Section 200 of CrPC before MM followed by an FIR registered before Police under Sections- 120B, 408, 409, 420,,149 IPC.
On thorough completion of the investigation, chargesheet was filed against accused No. 1 (private respondent 1) but not accused no. 2 and 3.. Private Respondent 1 then approched High Court for quashing of criminal proceedings against him.
High Court in the impugned order went onto do the same on the ground that on the ground that in absence of the original accused nos. 2 and 3 in the PCR and in absence of the officers of the drawee bank informing the payee’s banker with reference to dishonour of one of the cheques well within the time stipulated in the Clearing House Rules, they can be said to have committed the offences under Sections 408 and 409 of IPC, the charge-sheet could not have been filed only against accused no.1.
The appellant-bank has assailed the High Court decision in the present appeal before Supreme Court.
Supreme Court Observation
The Top Court noted that the impugned judgement wouldn't sustain, neither in law nor on facts. The Court noted that High Court cannot quash the criminal proceedings against the accused who was charge-sheeted by the Investigating Officer after thorough investigation.
It further observed that if during the trial if it is found that some other accused persons who might have committed the offence are not charge-sheeted, the High Court may array those personsas accused in exercise of powers under Section 319 Cr.P.C. but cannot quash the criminal proceedings against the one already charge-sheeted exercising discretion under Section 482 Cr.P.C
The Court accordingly allowed the appeal and set aside the impugned judgement and order. The Criminal Proceedings against the Private Respondent 1 revamped with no change in charge-sheet. His Trial to take place.
Read Judgement Here:
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