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G. JAYACHANDRAN
K. V. Ramamoorthy – Appellant
Versus
State Represented by The Inspector of Police, Tiruppur – Respondent
JUDGMENT
(Prayer: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to call for records and quash the case against the petitioner in Crime No.29 of 2018 on the file of the 1st respondent.
Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to call for records and quash the case against the petitioners in Crime No.29 of 2018 on the file of the 1st respondent.)
Common Order:
1. The petitioner in Crl.O.P.No.29447/2018 is the Managing Director & Chief Executive Officer of Tamilnadu Mercantile Bank Ltd. The petitioners 1 and 2 in Crl.O.P.No.2501/2019 are the Regional Managers of the said Bank at Coimbatore between 2013 to 2016 and 2016 to 2018. The third petitioner was the Manager of the Bank at Tiruppur Branch.
2. These two petitions are filed to quash the FIR in Crime No.29/2018 on the file of the first respondent under his investigation. The FIR came to be registered pursuant to the order dated 02/11/2018 passed by the Judicial Magistrate II, Tiruppur in Crl.M.P.No.4390/2018, to register the complaint given by K.Manoharan and investigate.
3. As per the complaint, Mr.Manoharan the complainant is a business
The complaint under Section 156(3) Cr.P.C must disclose the commission of a cognizable offence, and vicarious liability cannot be imposed without proper allegations and evidence.
Vicarious liability cannot be imposed on directors solely by virtue of their positions; specific allegations of wrongdoing must exist for criminal liability to be established.
The court emphasized the need for investigation into the allegations and the premature nature of the petition for quashing.
The court emphasized that successive FIRs regarding the same incident are impermissible and quashed the FIR based on concealment of previous complaints and forum shopping, affirming the requirement o....
High Court quashed FIRs against financial institution officials as mala fide counterblast to lawful recovery proceedings, lacking prima facie offence ingredients despite photocopy evidence, exercisin....
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