https://www.taxtmi.com/caselaws?id=275167 Criminal proceedings arising from a bank's adjustment of guarantors' fixed deposits against the borrower's default were found not to disclose the ingredients of criminal breach of trust, cheating, mischief, or conspiracy against the bank officers. The complaint, read at face value, showed recovery steps taken to realise dues under the guarantee documents, and the Court treated the criminal process as a counter-blast used to exert pressure after recovery action and an FIR had already been initiated. As the Magistrate had taken cognizance without proper application of mind, the Supreme Court held that inherent power under Section 482 CrPC had to be exercised to prevent abuse of process and secure the ends of justice; the proceedings were quashed. en-us Fri, 21 Aug 2009 00:00:00 +0530 Tue, 07 Jan 2025 15:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275167 Criminal proceedings arising from a bank's adjustment of guarantors' fixed deposits against the borrower's default were found not to disclose the ingredients of criminal breach of trust, cheating, mischief, or conspiracy against the bank officers. The complaint, read at face value, showed recovery steps taken to realise dues under the guarantee documents, and the Court treated the criminal process as a counter-blast used to exert pressure after recovery action and an FIR had already been initiated. As the Magistrate had taken cognizance without proper application of mind, the Supreme Court held that inherent power under Section 482 CrPC had to be exercised to prevent abuse of process and secure the ends of justice; the proceedings were quashed. Case-Laws Indian Laws Fri, 21 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275167