JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Application of the provisions of Section 320 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) is in question in this application. The said question arises in the following factual matrix.

3. Appellant and her husband (A-4) along with various other persons including the officers of the Oriental Bank of Commerce Khidirpur Branch, Calcutta (hereinafter called ‘the Bank’) were prosecuted for alleged commission of offences under Sections 120-B/ 420/467/468 and 471 of the Indian Penal Code. The officers of the Bank had also been prosecuted under Sections 13(2) read with Section 13(1)(d) of the Prevention and Corruption Act, 1988.

4. A charge sheet was filed against the appellant and seven others. She was inter alia charged for taking the benefit of overdrafts between the period 8th February, 1993 to 5th March, 1993 without furnishing any security.

5. For the purpose of realisation of the said amount, indisputably the Bank filed an application for recovery thereof before the Debt Recovery Tribunal. It is not in dispute that before the said Tribunal, appellant and the Bank had entered into a settlement pursuant whereto