Criminal prosecution for cheating and use of forged documents...

Criminal prosecution for cheating and use of forged documents arising from a bank loan transaction was quashed because the dispute had a predominantly civil and commercial character. The loan account had been fully settled under a compromise approved by the Bank, placed before and acted upon by the Debts Recovery Tribunal, and followed by a no dues certificate and withdrawal of recovery proceedings. The later complaint was treated as an afterthought, and the Court held that continuation of the prosecution would be oppressive, yield a remote and bleak prospect of conviction, and amount to an abuse of process. The chargesheet and order framing charges were quashed.

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