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2008 Supreme(Mad) 4653
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. MOHAN RAM
Mohan Nair & Another
Versus
M.S. Margasagayam
Crl.O.P.No.21828 of 2008 and M.P.No.1 of 2008
Decided on: 16-12-2008
For the Petitioners:Krishna Srinivasan, M/s. Ramasubramaniam Associates, Advocates.
For the Respondent:R. Rajasekaran, Advocate.
The main legal point established in the judgment is that criminal proceedings should not be used as a shortcut for civil remedies, and caution should be exercised in entertaining criminal complaints that are essentially civil in nature.
Headnote:
Abuse of Process - Criminal Complaint - Sections 406 and 420 IPC - [The complaint alleged that the accused trespassed the complainant's land and misappropriated funds, but the court found that the complaint was a clear abuse of process and lacked prima facie evidence of the alleged offences. The court quashed the proceedings and awarded exemplary costs to the accused.]
Fact of the Case:
The complainant alleged that the accused trespassed the complainant's land and misappropriated funds. The accused filed a petition seeking to quash all further proceedings in the case.
Finding of the Court:
The court found that the complaint was a clear abuse of process and lacked prima facie evidence of the alleged offences. The court quashed the proceedings and awarded exemplary costs to the accused.
Issues: The main issue was whether the complaint constituted a valid case under Sections 406 and 420 IPC.
Ratio Decidendi: The court held that the complaint was an abuse of process and lacked prima facie evidence of the alleged offences. The court also emphasized the need for caution in entertaining criminal complaints that are essentially civil in nature.
Final Decision: The court quashed all further proceedings in the case and awarded exemplary costs to the accused.
1. With consent of the learned counsel on either side the Criminal Original Petition itself is taken up for final disposal.
2. The petitioners herein are the first and second accused in C.C.No.13578 of 2008 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai. The respondent herein filed a complaint under Section 200 Cr.P.C. against the petitioners herein and one Thiru.Jayagopal and the complaint has been taken on file for the offence under Sections 406 and 420 IPC and process has been ordered to be issued by the learned X Metropolitan Magistrate, Egmore, Chennai. On summons being served and after getting the certified copies of the relevant documents the petitioners have filed the above Criminal Original Petition seeking to quash all further proceedings in C.C.No.13578 of 2008. Before adverting to the contentions put forth by the learned counsel on either side, it is necessary to set-out in detail the allegations contained in the complaint and the sworn statement of the complainant for better appreciation of the case and the contentions put forth by the learned counsel for the petitioners.
3. In the complaint it is alleged as under:-
“The Complainant father having a property at Maduravoyal and it was leased to the Bharat Petroleum Corporation Ltd. as a Tenant for a period of 20 years and further another 20 years. After the Lease period over the said Bharat Petroleum Corporation Ltd, is not vacated the place. Instead of vacating the place the First and Second accused with the help of Third Accused who is the sub-dealer of the said bunk without having any valuable records.
The Complainant further submits he had filed a civil suit before the Honble Sub Court for quit and delivered vacant possession of the suit property and the damages. The said Court orders that the First and Second Accused Company to pay a sum of Rs.2,40,000/- (Rupees Two Lakhs and Forty Thousand only) to the Complainant and his brothers from 6. 2003. But the Accused 1 to 3 jointly colluded with each other and suppressed the real facts by way of not informing the above said order of payment to the Higher Officials. The Accused 1 and 2 are wrongfully and unlawfully helped the 3rd accused to trespass the complainant land the Petrol Bunk income was totally utilized by the 3rd accused. The Accused 1 to 3 are dishonestly, fradunantly and cleverly and cheated the Complainant and also received excess amount by way of retail business and entire money is misappropriated by the Third Accused with the help of the Accused 1 and 2.
The Complainant further submits that the 1st and 2nd accused may help the 3rd accused by way of getting money from the Bharat Petroleum Corporation Ltd. The Court order amount of Rs.2,40,000/- may receive from the Company by way of illegal methods by the 3rd accused with the help of accused 1 and 2 and they are committed a criminal breach of trust. The 3rd accused with the help of the accused 1 and 2 cheated the Bharat Petroleum Corporation Ltd, Chennai for their own benefits.
The Complainant further submits as on date the 1st and 2nd accused company are liable to pay a sum of Rs.12,00,000/- (Rupees Twelve Lakhs only) to the Complainant and his brothers. But till date any amount is not received by the Complainant. The Complainant as got a severe doubt that the accused 1 to 3 may utilize the above said amount for their own benefits. Being a sub-dealer the 3rd accused has not produce any documents before the competent authority. The accused 1 to 3 are liable to punish under the Sec 406 & 420 IPC. Hence the Complaint.
The Complainant further submits after the lease period is over the 3rd accused unlawfully trespassed the Complainant land and doing business with the help of accused 1 and 2.”
The complaint is dated 23.07.2008 and the complaint has been filed on the same date. The Sworn Statement of the complainant has been recorded on 28.07.2008 and the same reads as under:-
On the aforesaid allegations contained in the c
