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 chargesheeted 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 chargesheeted 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 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]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.