Madras High Court
P.Thangavel vs The State By Inspector Of Police on 19 September, 2014
Author: K.B.K.Vasuki
Bench: K.B.K.Vasuki
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.09.2014 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Crl.O.P.No.15203 of 2009 and M.P.No.1 of 2009 P.Thangavel ... Petitioner Vs. The State by Inspector of Police, CCIW CID, Namakkal Unit, Namakkal District. ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records relating to the criminal proceedings in CC.No.51 of 2006 on the file of the District Munsif Cum Judicial Magistrate, Paramathi and to quash the same. For Petitioner : Mr.N.Manokaran For respondent : Mr.C.Ayyapparaj, GA (Crl.Side) O R D E R
The present petition is filed by A1 to quash the proceedings in CC.No.51 of 2006 pending on the file of the District Munsif-cum- Judicial Magistrate, Paramathi, for the alleged offences under sections 408, 477(A) r/w 109 IPC.
2.The persons charge sheeted in CC.No.51/2006 are A1/petitioner and A2/Ramasamy, who were, during the relevant point of time, Secretary and Assistant Secretary of Primary Agricultural Co-operative Bank (PACB), Jamin Elampalli. The charges levelled against the petitioner/A1 and A2 are that A1 Secretary, with the intentional abetment of A2 Assistant Secretary, dishonestly misappropriated total sum of Rs.4,81,000/- by falsifying the accounts of the bank as if top up loan was sanctioned without actually disbursing the amount to 16 members of the Bank.
3.The relief is sought for mainly on the ground that the records available show that the members duly applied for loan and the loan was sanctioned, disbursed and credited to their own accounts and repaid by the members concerned and the allegations raised against the petitioner herein that the records were fabricated by using blank documents with the signature of the members as if the amounts were borrowed by the members and there are no materials to prove the allegations raised against the petitioner herein.
4.Heard the rival submissions made on both sides.
5.It is true that the Deputy Registrar of Co-operative Society, Tiruchengode Circle, Tiruchengode, Enquiry officer, Senior Inspector, In-charge Secretary and Accountant, Bank Supervisor and other loanees were examined as witnesses during 2005 in support of the allegations raised in the complaint and the charge sheet. However, the particulars furnished in para 6 of this quash petition, regarding the name of the witnesses,loan number, date of loan, loan amount, repayment receipt number and date on the basis of the records available in PACB, Jamin Elampalli would reveal that the amounts were duly sanctioned, disbursed and credited to the accounts of loanees and thereafter repaid by them on various dates between 2004 and 2005 under due receipts issued by PACB. There is absolutely no denial made on the part of prosecution regarding the particulars mentioned herein. In that event, there is no case of fraudulent act and dishonest intention on the part of the petitioner/A1 and the Additional Secretary/A2 and there is no misappropriation of amount due to the society.
6.At this juncture, the learned counsel for the petitioner by relying on the decision of three judges bench of the Hon'ble Supreme Court reported in (2014) 5 SCC 364 (Central Bureau of Investigation, ACB, Mumbai v. Narendra Lal Jain and others), contended that the loan amount having been settled, it is a fit case to invoke the power under section 482 Cr.P.C to quash the criminal proceedings.
K.B.K.VASUKI, J.
rk
7.Thus, considering the materials available on record and also considering the fact that the loan amount was duly settled by the members, as evident from the records and by applying the view of the Apex Court in the decision above cited, this court feels there is no justification to allow the proceedings to continue against the petitioner herein and it is a fit case to quash the criminal proceedings in CC No.51/2006.
8.In the result, this Criminal Original Petition is allowed by quashing the proceedings in CC No.51 of 2006 on the file of the District Munsif cum Judicial Magistrate, Paramathi. Consequently, connected miscellaneous petition is closed.
19.09.2014 rk To
1.The District Munsif cum Judicial Magistrate, Paramathi.
2.The Inspector of Police, CCIW CID, Namakkal Unit, Namakkal District.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.15203 of 2009