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SHAMPA DUTT (PAUL)
Arup Kumar Bhowmick – Appellant
Versus
Central Bureau of Investigation, Anti Corruption Branch – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present revision has been preferred against an order dated 10.12.2019 passed by the learned Judge, CBI Court No. 4, Bichar Bhawan, Calcutta in Special Case No. 1 of 2015 thereby rejecting the application of the petitioner praying for discharge from the case.
2. The petitioner's case is that CBI ACB Kolkata registered a FIR bearing no. RC0102013A0019 (RC:19(A)/2013-Kol dated 29.06.2013 on the basis of a letter of complaint dated 29.06.2013 by Sri Pinaki Mukhopadhyay, the Regional Manager, Reg-II, R.B.O. Chinsurah, State Bank of India alleging commission of offences under Section 120B, 420, 468, 471 Indian Penal Code and Section 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 against (i) Mritunjay Bhar Regional Manager of Region-I, Regional Business Office, SBI, Howrah (ii) Arindam Bhattacharyya, the then Branch Manager, SBI, Pandua, Agricultural Development Branch, Pandua, (iii) Tridib Mondal, the then Field Officer, SBI, Agricultural Development Branch, Pandua, (iv) Arup Kumar Bhowmick, Director, M/s. Raunak Cold Storage Pvt. Ltd. Mogra Hooghly and (v) Smt. Gopa Bhowmick, Director M/s. Raunak Cold Storage Pvt. Ltd.; Mogra Ho
Repayment of loan amount prior to FIR, issuance of "no due certificate" by Bank, and presence of sufficient materials on record negate allegations of cheating and forgery, and prevent discharge from ....
Settlement of monetary disputes does not automatically justify the quashing of criminal proceedings in cases involving serious allegations of criminality.
Criminal liability under Sections 420 IPC is negated by repayment of loans, indicating lack of wrongful loss to the bank.
The timing of the repayment of dues and the intention to cheat the bank were crucial in determining the charges against the accused.
At the discharge stage, the court must determine if there is sufficient ground for proceeding against the accused based on the prosecution's evidence, without conducting a mini-trial.
The court reinforced that economic offences with societal implications should not be quashed based on civil settlements.
The court emphasized the importance of proving charges beyond reasonable doubt and considered the repayment of the dues by the accused and the expressed intention of the complainant to withdraw the c....
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....
The court will not discharge accused when a prima facie case exists for criminal charges, requiring trial to establish intent and responsibility.
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