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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Sindhu Ratna Kul Bhaskar, son of late Sindhu Kumar Sinha – Appellant
Versus
State Of Bihar Through C.B.I. – Respondent
JUDGMENT
SANDEEP KUMAR, J.
Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the Central Bureau of Investigation.
2. Since in all these cases same order has been assailed by the respective petitioners, they have been heard together and are being disposed of by this common judgment.
3. In all these cases, the petitioners have challenged the order dated 28.09.2015 passed by the learned Special Judge, C.B.I.-I, Patna, in R.C. No.7(A) of 2001 (Special Case No.101 of 2011), whereby the discharge petitions preferred by the petitioners have been rejected.
4. The petitioner - Sindhu Ratan Kul Bhaskar of Criminal Miscellaneous No.51238 of 2015 is the bank official, petitioner - Vishakha Sindhu of Criminal Miscellaneous No.52233 of 2015 is the wife of petitioner - Sindhu Ratan Kul Bhaskar and also one of the Directors of M/s. Sidhi Exports Private Limited and petitioner - Vineet Kumar Verma of Criminal Miscellaneous No.51868 of 2015 is the brother-in-law of Sindhu Ratan Kul Bhaskar and one of the Directors of M/S. Sidhi Overseas Private Limited.
5. The prosecution case in brief, relevant for present purpose, is that from reliable source information was re
The court confirmed that civil disputes do not eliminate potential criminal liability for financial misconduct, particularly when it involves public trust and bank integrity.
The main legal point established in the judgment is that in cases predominantly civil in nature, where the accused have settled the dues with the bank, and there is no evidence of forgery or cheating....
The prosecution failed to prove beyond a reasonable doubt the offences of conspiracy and forgery against the appellants, with mere suspicion not serving as a substitute for valid evidence.
The main legal point established is that the appellant, as a public servant, committed offences of cheating, forgery, and misconduct, and the prosecution proved the charges beyond doubt.
The court established that a lack of prima facie evidence warrants quashing of criminal proceedings, emphasizing the limited scope of judicial review under Section 482 of the Cr.P.C.
The main legal point established in the judgment is that at the stage of consideration of charge, an accused cannot rely on materials by way of defense, and the power under Section 482 of the Code of....
The main legal point established in the judgment is the commission of criminal breach of trust and cheating under the IPC, leading to the conviction of the accused.
The court affirmed that a director's criminal liability cannot be presumed without direct evidence of involvement in fraudulent activities; mere involvement in a company implicated in fraud is insuff....
Settlement of monetary disputes does not automatically justify the quashing of criminal proceedings in cases involving serious allegations of criminality.
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