The top court was hearing an appeal filed by Suvarna Cooperative Bank Ltd against a Karnataka High Court order, which quashed criminal proceedings against a man for the offences under Sections 120B (criminal conspiracy), 408 (criminal breach of trust by clerk), 409 (criminal breach of trust by public servant) 420 (cheating) and 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code.

The complainant bank filed a complaint before the court of the Additional Chief Metropolitan Magistrate, Bangalore and an FIR was registered before the Chickpet Police Station under various sections of the IPC. On completing the investigation, a charge sheet was filed against the accused number one in the case.

The accused had approached the high court which quashed proceedings against him on the grounds that in the absence of original accused number two and three in the police report, the charge sheet could not have been filed against only accused number 1.

The apex court said in this case nothing has been further observed by the high court on merits and/or on the allegations against the accused number one. “Under the circumstances, the impugned judgment and order passed by the high court quashing the criminal proceedings against the respondent no. 2 herein, original accused number one deserves to be quashed and set aside.

“In view of the above and for the reason stated above present appeal succeeds. Impugned common judgment and order passed by the high court quashing the criminal proceedings against the accused number one is hereby quashed and set aside,” the bench said.

(With inputs from agencies)