M. VISWANATHAN versus M/S. S.K. TILES & POTTERIES P. LTD. & ORS.

M. VISWANATHAN versus M/S. S.K. TILES & POTTERIES P. LTD. & ORS.

The allegations in the complaint, taken at face value, substantially disclose commission of offences under IPC and do not solely pertain to civil/company law matters. The High Court erred in quashing proceedings under Section 482 CrPC on grounds that the grievance was adjudicable by civil forum, as some allegations are not so adjudicable. The order of the High Court is indefensible and must be set aside.

Parties
Appellant: M. Viswanathan; Respondent: M/s. S.K. Tiles & Potteries P. Ltd.; Respondent: A.R. Santhanakrishnan; Respondent: Radhika Santhanakrishnan; Respondent: Chandrasekaran
Jurisdiction
India
Judgment Date
25 November 2008
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal From High Court Order on Quashing of Proceedings
Outcome
Appeal allowed
Legal Topics
Quashing of Criminal Proceedings, Inherent Power of High Court, Section 482 Cr PC, Company Law and Criminal Liability
Criminal Law Corporate Law Quashing of Criminal Proceedings Inherent Power of High Court Section 482 Cr PC Company Law and Criminal Liability

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Parties

M. Viswanathan

Appellant

M/s. S.K. Tiles & Potteries P. Ltd.

Respondent

A.R. Santhanakrishnan

Respondent

Radhika Santhanakrishnan

Respondent

Chandrasekaran

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal From High Court Order on Quashing of Proceedings

Legal Issues

  1. 1 Whether the High Court was justified in quashing criminal proceedings under Section 482 CrPC
  2. 2 Whether the allegations disclose offences under IPC or should be resolved in civil/company law forum

Ratio Decidendi

The allegations in the complaint, taken at face value, substantially disclose commission of offences under IPC and do not solely pertain to civil/company law matters. The High Court erred in quashing proceedings under Section 482 CrPC on grounds that the grievance was adjudicable by civil forum, as some allegations are not so adjudicable. The order of the High Court is indefensible and must be set aside.

Court Disposition

Appeal allowed

Orders

  • Order of High Court quashing proceedings under Section 482 CrPC is set aside
  • Criminal proceedings to continue as per law