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The Supreme court today held that 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.

A bench of Justices MR Shah and BV Nagarathna added 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 CrPC.

M/S Suvarna Cooperative Bank filed an appeal before the Supreme Court assailing the order of the Karnataka High Court by which it had quashed the criminal proceedings against the private respondent for the offences under Sections 120B, 408, 409, 420 and 149 of IPC.

Criminal proceedings were initiated against the private respondent and others after a complaint was filed under Section 200 CrPC. before the Addl. Chief Metropolitan Magistrate, Bangalore. An FIR was then registered before the Chickpet Police Station under Sections 120B, 408, 409, 420 and 149 of IPC.

On completion of the investigation a charge-sheet was filed against the private respondent who then approached the High Court by seeking to quash the criminal proceedings in exercise of powers under Section 482 CrPC.

The High Court quashed the criminal proceedings against private respondent – original accused no.1 mainly on the ground that in absence of the original accused nos. 2 and 3 in the PCR 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, the charge-sheet could not have been filed only against accused no.1.

"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.", noted the top court.

Accordingly, the order passed by the High Court quashing the criminal proceedings was set aside.

"Now, on quashing and setting aside the impugned judgment and order, the respondent no.2 herein – original accused no.1 be further prosecuted for the offences for which he was charge-sheeted and shall face trial which shall be dealt with and considered in accordance with law and on its own merits.", ordered the bench.

Cause Title: M/S SUVARNA COOPERATIVE BANK LTD v.  STATE OF KARNATAKA AND ANR.