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2024 (10) TMI 138

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.... disposed of by permitting the appellants to urge all the pleas raised in the said petition before the trial Court at the appropriate stage. The appellants had approached the High Court under Section 482 of the Code of Criminal Procedure, 1973 ("CrPC" for short) praying for quashing of the criminal proceedings in T.R. No. 28 of 2002 pending in the Court of Special Judge (CBI) Bhubaneswar ("trial Court" for short). 3. Shorn of details, the case of the prosecution is as given below. 3.1 On 14th October 2000, on the basis of information received from a reliable source, the Inspector of Police CBI/SPE Bhubaneswar registered a regular case under Section 154 of CrPC being Crime No. RCBHU 2000A0021 ("FIR" for short) against five persons namely, ....

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....time, on 22nd August 1998, a similar loan application was submitted on behalf of IGPL for the same purpose of securing funds to purchase new cars at a cost of Rs. 11,84,600/-. Against the said loan application, on 24th August 1998, Ajay Kumar Behera sanctioned the loan for the said amount. The money was received by Accused No. 3 and 4, who were Directors of IGPL. In furtherance of the loan application, the Accused No. 3 and 4 had also deposited 36 post-dated cheques, which when they were sent for clearing, at a later stage, by the successor of Ajay Kumar Behera bounced. 3.5 It was also alleged in the F.I.R. that, the office address disclosed by both IGPL and Clarion Travels was one and the same, i.e., 168/169-A, Bapuji Nagar, Bhubaneswar. ....

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....was declared as being closed vide letter dated 31st January 2011. In view of the OTS, the recovery proceedings pending before the DRT were disposed of as a full and final payment of the dues of the Bank vide orders dated 3rd May 2011. 3.10 Having settled the matter thus, the present appellants filed separate applications under Section 482 of Cr.P.C. before the High Court of Orissa seeking quashing of all the proceedings pending before the trial Court in the case registered as T.R. No. 28 of 2002. The High Court, vide the orders impugned in the present appeals disposed of the applications under Section 482 of Cr.P.C. by permitting the appellants herein to urge all the pleas raised in their application before the trial Court at the appropria....

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....ity. 8. Shri Naidu in support of his submissions relied on the following judgments of this Court in the cases of : (i) Central Bureau of Investigation, SPE, SIU (X), New Delhi v. Duncans Agro Industries Ltd., Calcutta (1996) 5 SCC 591; (ii) Nikhil Merchant v. Central Bureau of Investigation and another (2008) 9 SCC 677; (iii) Gian Singh v. State of Punjab and another (2012) 10 SCC 303; (iv) Central Bureau of Investigation, ACB, Mumbai v. Narendra Lal Jain and others (2014) 5 SCC 364; (v) Narinder Singh and others v. State of Punjab and another (2014) 6 SCC 466; (vi) Gold Quest International Private Limited v. State of Tamil Nadu and others (2014) 15 SCC 235; and (vii) Central Bureau of Investigation v. Sadhu Ram Singla ....

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....n similar facts arose for consideration, we have held that when the matter has been compromised between the borrower and Bank, the continuation of the criminal proceedings would not be justifiable. 15. Relying on the earlier judgments of this Court, we have held that in the matters arising out of commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court should exercise its powers under Section 482 CrPC for giving an end to the criminal proceedings. We have held that the possibility of conviction in such cases is....