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SHAMPA DUTT (PAUL)
Imran Ahamad Ansari alias Md. Imran Ahmed – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.:
1. The present revision has been preferred praying for quashing of the proceedings being C.R. Case No. 865 of 2019, under Sections 452/327/341/323/382/354/467/471/120B of the Indian Penal Code, presently pending before the Learned Judicial Magistrate, 2nd Court at Durgapur.
2. The petitioners’ case is that a Partnership Firm under the name and style of M/s. J.B. Steel, having office at Village Kanksa Mollapara, Panagrah, P.O. Panagarh Bazar, PIN – 713148 (hereinafter referred to as the “said Firm”), through its constituents, approached Bank of Baroda, a body corporate constituted under the Banking Companies (Acquisition and Transfer of undertaking) Act, 1970, having its head office at the Mandvi, Baroda and carrying on banking business amongst other places at its branch at Panagarh, Panagarh Bazar (rail par), opposite Agragami Club, Panagarh, P.S. Kanksa, Paschim Burdwan, West Bengal, PIN – 713 148 (hereinafter referred to as the “said Bank”) for financial assistance and upon execution of various documents, declaration and undertakings, the said Bank of Baroda had granted a Cash Credit facility in favour of the said M/s. J.B. Steel with a limit of Rs
Criminal proceedings against bank officials for lawful actions under the SARFAESI Act constitute an abuse of process and are not maintainable.
The court quashed proceedings under Section 340 CrPC, ruling that allegations of forgery lacked merit and constituted an abuse of process due to pending appeal in Debt Recovery Appellate Tribunal.
The Court emphasized that the power to quash criminal proceedings should be exercised sparingly and only in exceptional cases, and that the Court should not inquire about the reliability or genuinene....
The SARFAESI Act provides a complete legal framework for secured creditors, ensuring that their actions are protected when conducted in good faith, and establishes that criminal proceedings cannot be....
The main legal point established in the judgment is that criminal proceedings can be quashed under section 482 of the code when the complaint does not disclose a prima facie cognizable offence or whe....
The court can quash criminal proceedings if the allegations do not make out a case against the accused, as per the guidelines in State of Haryana v. Bhajan Lal.
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