Case against chargesheeted accused cannot be quashed merely because other suspects not chargesheeted: Supreme Court

The Supreme Court recently held that chargesheet filed against accused persons after a thorough investigation cannot be quashed merely on the ground that other persons who might have committed the offence have not been arrayed as accused or charge-sheeted [M/S Suvarna Cooperative Bank Ltd. v. State of Karnataka and Another]..A Division Bench of Justices MR Shah and BV Nagarathna said that 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 of the Code of Criminal Procedure (CrPC)."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 charge-sheeted after a thorough investigation," the Court said.The Court was hearing an appeal moved by a bank against a 2014 order of the Karnataka High Court which had set-aside the criminal proceedings initiated against the accused under Sections 120-B (criminal conspiracy), 408 (criminal breach of trust by clerk or servant), 409 (criminal breach of trust by public, servant or by banker, merchant or agent), 420 (Cheating and dishonestly inducing delivery of property) and 149 (Unlawful Assembly) of the Indian Penal Code (IPC).By way of background, a criminal complaint was lodged by the bank against a private respondent under Section 200 of the CrPC before the Court of Additional Chief Metropolitan Magistrate, Bangalore.Subsequently, a First Information Report (FIR) was registered against the respondent under Sections 120-B, 408, 409, 420 and 149 of IPC and a chargesheet was filed. The accused moved the High Court to quash the criminal proceedings in exercise of powers under Section 482 CrPC.The High Court allowed the plea and quashed the criminal proceedings against the private respondent – original accused no.1. This was on the ground that in absence of the original accused nos. 2 and 3 in the personal criminal complaint (PCR) of the bank and 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, they can be said to have committed the offences under Sections 408 and 409 of IPC. Thus, the charge-sheet could not have been filed only against accused no.1Aggrieved, the complainant bank moved the present appeal before the Supreme Court.The Supreme Court was of the view that the order passed by the High Court quashing the criminal proceedings against the private respondent is unsustainable, both in law and on facts.The top court noted that reasons stated by the High Court 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 of the persons who might have committed the offences are not charge-sheeted, cannot be a ground to quash the proceedings against the accused charge-sheeted after having found prima facie case against him after investigation," the Court said.Pertinently, the Court observed that the High Court had not rendered any findings or made any observations on merits or on the allegations against the private respondent – original accused no.1.The Court, therefore, set aside the High Court order and directed that the private respondent be further prosecuted for the offences for which he was charge-sheeted."(He) shall face trial which shall be dealt with and considered in accordance with law and on its own merits," the apex court ordered.Advocate Amith Kumar appeared for the appellant. Advocate HV Nagaraja Rao appeared for the respondents..[Read Judgment]