Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether criminal proceedings alleging bank fraud, forged documents, criminal conspiracy and offences under the Prevention of Corruption Act can be quashed under the inherent jurisdiction solely because the borrower and the bank entered into a one-time settlement.
Analysis: The allegations, supported by the chargesheet, concerned fabricated work orders, falsified security records, misrepresentation to obtain credit facilities, and connivance with a bank manager against whom prosecution sanction had been granted. The settlement recovered substantially less than the outstanding liability and consequently entailed loss to the public exchequer. Such alleged economic wrongdoing is not a private dispute between borrower and bank; it affects collective financial interests. A settlement cannot justify quashing where offences under the Prevention of Corruption Act and serious allegations of forgery and conspiracy are involved. The authorities concerning purely private disputes or settlements without forged documents, public-corruption allegations, or unrecovered public loss were distinguishable.
Conclusion: The one-time settlement did not justify quashing the criminal proceedings; the order quashing the FIR and chargesheet was set aside and the prosecution was restored for trial.