2018 Supreme(Mad) 1215
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. JAGADISH CHANDIRA, J.
Rev. Samuel D. Stephens, President National Association of Interdependent Churches and Others – Petitioners
Versus
A. Samuel Ramasamy – Respondent
Crl. O.P. No. 5464 of 2011 and Crl. M.P. No. 1 of 2011
Decided On : 04-04-2018
For the Petitioner: K.S. Dinakaran for M. Arokiaraj.
Headnote:
Code of Criminal Procedure, 1973 – Sections 482, 200 – Forgery – Criminal Conspiracy – Cheating – Criminal original petition has been filed, under Section 482 Cr.P.C. by the petitioners/accused seeking to quash the proceedings initiated against them by the respondent/complainant in C.C. pending on the file of the learned Judicial Magistrate No. II, Poonamallee – Held, Applying the ratio laid down by the Apex Court, and on going through the averments in this case and also taking into consideration the documents and the circumstances attended to this case and the submissions made by the learned Senior Counsel, this Court is of the opinion that no case for the offence of cheating, forgery and criminal conspiracy to commit the offence of forgery and cheating are made out against the petitioners – Court finds that the further proceedings against the petitioners is nothing but an abuse of process of law and thereby the proceedings in C.C. on the file of the Judicial Magistrate No. II, Poonamallee are quashed – Criminal Original Petition Allowed
1. The criminal original petition has been filed, under Section 482 Cr.P.C. by the petitioners/accused seeking to quash the proceedings initiated against them by the respondent/complainant in C.C. No. 695 of 2006, pending on the file of the learned Judicial Magistrate No. II, Poonamallee.
2. The case of the respondent/complainant in brief is that the petitioners/respondents in the private complaint are the President, Council Member, Trustee and General Coordinator of the National Association of Interdependent Churches (in short, NAIC). He is doing Gospel work from 1983 onwards having himself got faith in Jesus Christ and during 1980, he got Baptised and thereafter, he became an independent Pastor. Furthermore, during 1994, the World Wide Mission had also ordained the respondent/complainant as a Pastor and thereafter, he had established Churches at Veerapuram, Thiruvallur Park Nagar, Madhuravoyil, Ambattur, Korattur, Kottur, Gnayiru, Karanodai, Srirangam (Trichy) and Ranchi (Bihar) and in several other places totalling more than 250 in number.
3. According to the respondent/complainant, as an independent organiser, between 1983 and 1996, he brought many Churches situated in the Circle of Chennai and Thiruvallur and its surrounding area under his wing by his missionary efforts. Resultantly, about 250 Churches were under his control as he is the sole organizer within the Biblical Jurisdiction of preaching gospel and members run to 1,50,000 including non-christian and christian faith. That apart, about 1000 women leaders and youths and about 20,000 children were also under his wing.
4. During February 1996, the first petitioner/first accused with an object of acquiring wrongful gain to his organisation (NAIC), induced and abetted the second petitioner/ second accused and the second petitioner/second accused, as an agent of the first petitioner/first accused, met the respondent/complainant in a Pastors' Meeting conducted by the respondent/complainant and made a false representation stating that their Organisation, namely, NAIC is a Society, registered under the Co-operatives Act and forced him to join in their Organisation along with the Churches under, which are under his wing and issued a folder to him promising that they would provide financial support for the construction of Churches, purchasing Bibles and would make arrangements for issuing licence to the Pastors of the Churches under the respondent/complainant's wing to conduct Christian marriages.
5. Further, according to the respondent/complainant, he and the Churches under his wing joined NAIC Organisation of the petitioners 1 and 2/respondents 1 and 2, but for the fact that it is a registered Society, he and the Churches under his wing would not have joined the Organisation during 1996. The respondent/complainant was given a post of Coordinator in the said Organisation and for which a flag and shield were also issued to him by the first petitioner/first accused. Thereafter, the first petitioner/first accused, with an intention criminally, issued letters, dated 11.08.2000 and 21.03.2001, signed by the fourth petitioner/fourth respondent to the respondent/complainant and the Churches under his wing in order to collect Rs. 1,50,000/- and Rs. 75,000/- from the unemployed youths for providing jobs in Singapore, but, inasmuch as it was beyond the scheme of the gospel work, the respondent/complainant had refused it. Further, the fourth petitioner/fourth respondent declared the above said Organisation as a registered one and the petitioners/respondents received subscription runs to several lakhs from the respondent/complainant and the Churches under his wing and for which the petitioners/respondents issued bogus membership certificates to the respondent/complainant and his Churches.
6. Further, according to the respondent/complainant, NAIC Organisation is not a registered Society as declared by the first petitioner/first accused, as the District Registrar, Salem West, sent a