Crl.O.P.(MD)No.10458 of 2023 and batch BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on: 13.11.2025 Pronounced on : 02.01.2026 CORAM: THE HONOURABLE MRS.JUSTICE S. SRIMATHY Crl.O.P(MD).Nos.10458, 10463, 10465 of 2023 and Crl.M.P(MD).Nos.8307 to 8309, 8311 to 8313 of 2023 V.R.Pattabiraman …Petitioner in all cases ..vs.. 1. State represented by, The Inspector of Police, CCIW, Trichy, Trichy District. (Crime No.1 of 2021) 2.K.Chitra …Respondents in all cases In all cases: For Petitioner : Mr. S.Poornachandran For R1 : Mr.A.S. Abul Kalaam Azad Government Advocate (Crl. Side) PRAYER in CRL OP(MD)No.10458 of 2023: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to C.C.No.227 of 2023 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10458 of 2023 and batch on the file of the learned Judicial Magistrate V, Trichy and to quash the same in so far as the petitioner is concerned. PRAYER in CRL OP(MD)No.10463 of 2023: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to C.C.No.228 of 2023 on the file of the learned Judicial Magistrate V, Trichy and to quash the same in so far as the petitioner is concerned. PRAYER in CRL OP(MD)No.10465 of 2023: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to C.C.No.229 of 2023 on the file of the learned Judicial Magistrate V, Trichy and to quash the same in so far as the petitioner is concerned. COMMON ORDER These Criminal Original Petitions have been filed to quash the C.C.Nos.227 to 229 of 2023 on the file of the learned Judicial Magistrate V, Trichy in respect of the petitioner. 2. The case of the prosecution is that the case has been registered on 25.03.2021 based on the complaint of the 2nd respondent. The version of the informant is that she is working as a Deputy Registrar of Cooperative Societies, Lalgudi Circle, Trichy. The enquiry under Section 81 of the Tamil Nadu Cooperative Societies was ordered to verify the genuineness of the loans in https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10458 of 2023 and batch Lalgudi Range Teachers and Employees Cooperation Thrift and Credit Society for a period from 01.04.2014 to 31.03.2019. Based on the enquiry report, it came to light that lot of misappropriation took place during the period. The amounts were misappropriated by the Secretary namely, V.R.Pattabiraman and the Assistant Secretary namely, Kennedy Christuraja. During the period, the loss incurred to the Society is Rs.22,00,368/- for which, the interest accrued is Rs.11,63,006/- and totally it is Rs.33,63,374/-. The above said amount was repaid to the Credit Society and hence, there is no loss to the Credit Society. Though there was no loss to the Society as per the Section 81 Enquiry Report of the Tamil Nadu Cooperative Society, the petitioner and another accused in order to get personal gain, misappropriated the societies fund. Hence FIR was filed. Subsequent to the registration of FIR, the 1st respondent police completed the investigation and filed the Final Report before the Learned Judicial Magistrate V, Trichy for the offences under Sections 120-B, 408, 465, 468, 471, 477 A, 409 and 464 of the Indian Penal Code. The same was taken on file in C.C.Nos.227 to 229 of 2023 on the file of the Learned Judicial Magistrate V, Trichy. 3. The learned Government Advocate (Crl. side) appearing for the 1st respondent vehemently opposed to allow the quash petition stating that the petitioner was arrayed as accused based on the Section 81 enquiry, wherein it is https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10458 of 2023 and batch stated that the petitioner is also involved in the offence, hence prays for dismissal of these petitions. 4. The contention of the petitioner is that the petitioner had not committed any such crime as alleged in the FIR and charge sheet. Even as per the FIR and challan there is no loss to the society. It is seen that the alleged misappropriation of fund was committed by the 2nd accused namely Kennedy Christuraja, who was serving as Assistant Secretary. The said Kennedy Christuraja had admitted the same and had repaid the entire amount. The only allegation against the petitioner is that the petitioner was serving as Secretary and he failed to do his duty as Secretary and failed to detect the misappropriation. This is evident from the Section 81 enquiry report wherein it is recorded as under: “81. tprhuiz mYtyhplk; rq;fj;jpd; nrayhsH V.R.gl;lhgpuhkd; vd;gtH 10.08.2020-k; Njjp thf;F%yk; nfhLj;Js;shH. mjpy; mtH rq;f Jiztpjpfspd;gb “nrayhshpd; flikfSk; nghWg;GfSk; gw;wp ed;F mwpNtd; vd;Wk;> rq;fr;nrayhsH vd;w tifapy; midj;J tuT nryTfSf;Fk; jhNd KOnghWg;G” vd;gijAk; xg;Gf;nfhz;Lk; thf;F%yk; mspj;Js;shH. mjpy; mtH ifnahg;gkpl;Ls;shH. me;j thf;F%yj;jpy; 81 tprhuiz mjpfhhp ifnahg;gkpl;Ls;shH. mtUila ifnahg;gk; vdf;F njhpAk;. https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10458 of 2023 and batch 81-tprhuiz mYtyH Nkw;gb rq;fj;jpd; cjtpnrayhsH nfd;db fpwp];Juh[h vd;gthp;lk; 10.08.2020-k; Njjp thf;F%yk; ngw;Ws;shH. mjpy; mtH “rq;fj;jpd; gzpfis jhd; Nkw;nfhz;L te;jJ gw;wpAk;> rq;f gzj;ij ifahly; nra;jJ gw;wpAk; thf;F%yk; mspj;Js;shH”. mjpy; mtH ifnahg;gkpl;Ls;shH. me;j thf;F%yj;jpy; 81-tprhuiz mjpfhhp ifnahg;gkpl;Ls;shH. MtUila ifnahg;gk; vdf;F njhpAk;” Even as per the Section 81 enquiry report, the petitioner has not committed the misappropriation. When the petitioner has not committed misappropriation but had failed in supervisory power then the petitioner cannot be held as committed the crime of misappropriation, hence 120(B) is not applicable. 5. The further contention of the petitioner is that Section 408 Criminal Breach of Trust by clerk or servant and Section 409 Criminal Breach of Trust by public servant or by banker, merchant or agent cannot be invoked since the allegation against the petitioner is not misappropriation but he has not maintained the books properly. It is seen the said section would be attracted if two ingredients are proved, that the person was entrusted with property and the accused is bound to account for. When there is no misappropriation then the second ingredient that the accused is bound to account for would not be available. Therefore, the said section would not be attracted, hence the CC is liable to be quashed as far as section 408 and 409. https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10458 of 2023 and batch 6. The Section 464 states about making a false document, 465 states about punishment for forgery, section 468 states about Forgery for the purpose of cheating, section 471 states about Using as Genuine a Forged Document or Electronic Record, section 477A states about Falsification of Accounts are not attracted since the petitioner has not created the forged document. The allegation that the 2nd accused Kennedy Christuraja had created the documents, misappropriated the amount and had repaid the entire amount would clearly indicate that the petitioner has not committed the offences as stated in the charge sheet. Even the section 81 enquiry has not alleged that the petitioner / 1st accused had created the forged records. As extracted supra, the allegation is only that the petitioner as a Secretary had not carried out the duty of the Secretary, the petitioner’s duty is to maintain the income and expenditure accounts properly but the petitioner failed to maintain the same. Therefore none of the sections 464, 465, 468, 471 and 477A are attracted. 7. Further, it is seen no recovery is recommended from the petitioner in the enquiry report. If at all the petitioner had committed misappropriation then the enquiry report would have recommended for recovery of amount from the petitioner, when there is no such recommendation, further the 2nd accused Kennedy https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10458 of 2023 and batch Christuraja has paid the entire amount and there is no loss to the society, then the petitioner cannot be prosecuted. 8. Therefore, this Court is of the considered opinion that the ingredients of the relevant sections are not attracted. Considering the same, all the above sections are not applicable to the facts of the present case. Hence, the charge sheets are liable to be quashed as far as the petitioner is concerned. 9. Accordingly, the proceedings in C.C.Nos.227 to 229 of 2023 on the file of the Learned Judicial Magistrate V, Trichy, are hereby quashed as far as the petitioner is concerned, and these Criminal Original Petitions are allowed. Consequently, the connected miscellaneous petitions are closed. 02.01.2026 Index:Yes/No Internet:Yes/No Tmg To 1. The Judicial Magistrate V, https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10458 of 2023 and batch Trichy. 2. The Inspector of Police, CCIW, Trichy, Trichy District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10458 of 2023 and batch S. SRIMATHY, J., Tmg Crl.O.P(MD).Nos.10458, 10463, 10465 of 2023 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10458 of 2023 and batch 02.01.2026 https://www.mhc.tn.gov.in/judis