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    <title>2013 (11) TMI 1627 - Supreme Court</title>
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    <description>Criminal proceedings based on alleged bank fraud were not liable to be quashed under Section 482 CrPC merely because the dispute also had civil or recovery remedies. Where the allegations, taken at face value, disclosed a fraudulent scheme involving cheque presentation, credit against insufficient funds and immediate withdrawal causing loss to the bank, criminal liability could still arise. The omission to array the company did not, on these facts, justify quashing against the accused directors. Section 482 must be used sparingly, only to prevent abuse of process or secure the ends of justice; those limits were not met, so continuation of the trial was warranted.</description>
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    <pubDate>Wed, 20 Nov 2013 00:00:00 +0530</pubDate>
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      <title>2013 (11) TMI 1627 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=179230</link>
      <description>Criminal proceedings based on alleged bank fraud were not liable to be quashed under Section 482 CrPC merely because the dispute also had civil or recovery remedies. Where the allegations, taken at face value, disclosed a fraudulent scheme involving cheque presentation, credit against insufficient funds and immediate withdrawal causing loss to the bank, criminal liability could still arise. The omission to array the company did not, on these facts, justify quashing against the accused directors. Section 482 must be used sparingly, only to prevent abuse of process or secure the ends of justice; those limits were not met, so continuation of the trial was warranted.</description>
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      <pubDate>Wed, 20 Nov 2013 00:00:00 +0530</pubDate>
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