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G. CHANDRASEKHARAN
D. S. Sathyasai – Appellant
Versus
P. S. Raghunathan – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for records pertaining to the C.C.No.2 of 2022 on the file of the Special Court under TNPID (in Fin.Estts.) Act, 1997 at Coimbatore, for the offences under Sections 120(B), 406, 420, 506 (ii) IPC & 5 of TNPID Act, 1997 and quash the same.)
This Criminal Original Petition has been filed to call for the records pertaining to C.C.No.2 of 2022, on the file of the Special Court under TNPID (in Fin.Estts.) Act, 1997, Coimbatore, for the offences under Sections 120(B), 406, 420, 506 (ii) IPC & 5 of TNPID Act, 1997 and quash the same.
2. The learned counsel for the petitioner submitted that the case in C.C.No.15 of 2015 is pending on the file of the Special Court under TNPID (in Fin.Estts.) Act, 1997, Coimbatore, against one M/s.Keyes Mercantile and seven others. The sum and substance of the allegations made in the final report are that the accused collected deposit amounts from various depositors to the tune of Rs.21,64,82,450/- and cheated them. The deposits were said to have been collected over a period of time from 2009. Based on the complaint given by one Baladhandayutham, FIR in Crime No.4 of 20
The central legal point established in the judgment is that the sustainability of a prosecution can be affected by the long delay in filing a complaint, insufficiency of material evidence, and lack o....
The inherent jurisdiction under Section 482 Cr.P.C. allows quashing of proceedings only when no prima facie case is disclosed, with issues surrounding evidence and role requiring trial evaluation.
The court emphasized the importance of preventing abuse of process of law and considered the nature of the alleged offenses and the existence of serious disputes between the parties in reaching its d....
The main legal point established in the judgment is the application of Section 195 of Cr.P.C, the bar on filing a private complaint for the offence under Section 211 I.P.C, and the assessment of harm....
The main legal point established in the judgment is that the abnormal speed at which the trial court took cognizance of the complaint and the lack of evidence to substantiate the allegations led to t....
The court emphasized that a ten-year delay in filing a complaint raises concerns of abuse of process and signifies a civil dispute rather than a criminal matter, warranting quashing of the proceeding....
The central legal point established in the judgment is that the offense of cheating under Section 420 I.P.C. requires dishonest intention from the inception, and the lack of such intention and specif....
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