M/S SUVARNA COOPERATIVE BANK LTD. versus STATE OF KARNATAKA AND ANR.

Citation: [2021] 9 S.C.R. 389 · Decided: 09-12-2021 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

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   [2021] 9 S.C.R. 389
389
M/S SUVARNA COOPERATIVE BANK LTD.
v.
STATE OF KARNATAKA AND ANR.
(Criminal Appeal No. 1535 of 2021)
DECEMBER 09, 2021
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Code of Criminal Procedure, 1973 – ss.482 and 319 –
Quashing of criminal proceedings – Held: 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 – During the trial if it is
found that other accused persons who committed the offence are
not charge-sheeted, the Court may array those persons as accused
in exercise of powers u/s.319 CrPC.
Allowing the appeal, the Court
HELD: The impugned judgment and order passed by the
High Court quashing the criminal proceedings against the private
respondent– original accused no.1 is unsustainable, both, in law
and on facts. The High Court observed that 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 which amounts to offence
under Sections 408 and 409 of IPC, without the presence of
accused nos. 2 and 3 in the PCR, the charge-sheet could not
have been filed only against accused no.1. The aforesaid cannot
be a ground to quash the criminal proceedings against the accused
who was charge-sheeted by the Investigating Officer after
thorough investigation. 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. During the trial if it is
found that other accused persons who committed the offence are
not charge-sheeted, the Court may array those persons as accused
in exercise of powers under Section 319 Cr.P.C. Nothing has been
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SUPREME COURT REPORTS
[2021] 9 S.C.R.
further observed by the High Court on merits and/or on the
allegations against the private respondent– original accused no.1.
Under the circumstances, the impugned judgment and order
passed by the High Court quashing the criminal proceedings
against the respondent no.2– original accused no.1 deserves
to be quashed and set aside. [Para 4, 4.1 and 4.2][391-D-F;
392-C-F]
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No.1535 of 2021.
From the Judgment and Order dated 17.07.2014 of the High Court
of Karnataka at Bangalore in Criminal Petition No.5763 of 2013.
Amith Sharma, A. Karthik, Advs. for the Appellant.
H. V. Nagaraja Rao, Hemant Kumar Sagar, E. C. Vidya Sagar,
Advs. for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 17.07.2014 passed by the High Court of Karnataka
passed in Criminal Petition No.5763 of 2013 by which the High Court
has quashed the criminal proceedings against the private respondent
herein for the offences under Sections 120B, 408, 409, 420 and 149 of
IPC, the original complainant has preferred the present appeal.
2. That criminal proceedings were initiated against the private
respondent herein and others. The complainant – bank filed the complaint
under Section 200 Cr.P.C. before the Court of learned Addl. Chief
Metropolitan Magistrate, Bangalore being PCR 15250 of 2009 (re-
numbered as CC 22308 of 2012). Thereafter an FIR (Crime No.127 of
2010) was registered before the Chickpet Police Station under Sections
120B, 408, 409, 420 and 149 of IPC. That on completing the investigation
a charge-sheet was filed against the private respondent herein. The
private respondent herein – original accused no.1 approached the High
Court by way of Criminal Petition No.5763 of 2013 to quash the criminal
proceedings in exercise of powers under Section 482 Cr.P.C.
2.1 By the impugned judgment and order the High Court has
quashed the criminal proceedings against the private respondent – original
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accused no.1 mainly 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 a

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