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SHAMPA DUTT PAUL
Shyam Sundar Padhi – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt Paul, J.
1. The present revision has been preferred praying for quashing of the proceeding being No. ACGR 47/18 arising out of Haridevpur Police Station Case No. 01 of 2018 dated 3rd January, 2018 under Sections 354/506/114 of the Indian Penal Code, 1860, pending before the Learned Additional Chief Judicial Magistrate, Alipore.
2. The petitioners’ case is that the petitioners herein are employees of IDFC First Bank Limited (Formerly known as M/s. Capital First Limited). Subsequently in terms of the order dated 6th December, 2018 passed by Hon’ble National Company Law Tribunal, Mumbai Bench in connection with Company Petition No. 3925 of 2018 the said M/s. Capital First Limited and M/s. Capital First Home Finance Limited were merged with M/s. IDFC Bank Limited.
3. The Deputy Registrar of Company pursuant to rule 29 of the Companies (Incorporation) Rules, 2014 issued the Certificate of Incorporation dated 12th January, 2019 and accordingly the name of the petitioners’ company was changed from M/s. IDFC Bank Limited to M/s. IDFC First Bank Limited.
4. That Haridevpur Police Station Case No. 1 of 2018 dated 3rd January, 2018 has been registered for investigation on th
The judgment established the principle that recovery agents must adhere to RBI guidelines and treat borrowers humanely, and unfounded criminal charges against authorized officers for acting in accord....
The main legal point established in the judgment is that the actions of bank officers in the course of their official duty should not be considered criminal unless they meet the requirements of the a....
The court established that criminal proceedings cannot be maintained if they are manifestly mala fide and lack sufficient evidence, emphasizing the importance of procedural compliance.
Criminal law cannot be set into motion as a matter of course and the Magistrate must apply his mind to the facts and circumstances of the case before summoning the accused.
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