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SHAMPA DUTT (PAUL)
Central Bureau of Investigation – Appellant
Versus
Subir Rudra – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred against an Order No. 118 dated 15.01.2019 passed by the Special Judge, CBI Court No. 2 at Alipore in Special Case No. 06/2005 Judge, arising out of RCBSK2005E0003 discharging the accused Subir Rudra and Alok Beriwala from the charge under Section 420 Indian Penal Code.
2. During the pendency of this revision, the opposite party no.1 expired.
3. The relevant portion of the order under revision is as follows:-
RC BSK2005E0003
Order No. 118
Dated 15.01.2019
Decision With Reasons
Let us come to the questions raised by the accused persons by filing their petition. The crux of the contention of this petitioner is that M/s. Janmahal Agencies Pvt. Ltd. having cash credit loan account number 12146, repaid the entire the dues in favour of the bank on the basis of a compromise settlement with the bank on 01.12.2005 and bank in turn issued “No Dues Certificate” in it’s favour on 01.12.2005. So the disputes turn into a civil disputes with certain criminal facets. So these accused persons prayed for discharge. Therefore these two accused persons raised only question of law.
In the instant case wri
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.
Intention to cheat must exist from the outset for a conviction under IPC Section 420; absence of deceitful intent and no pecuniary advantage mandated an acquittal.
Point of Law : Hon’ble Supreme Court has observed that at stage of framing of charge, trial court is not to examine and assess in detail material produced by prosecution nor to consider sufficiency o....
Criminal liability under Sections 420 IPC is negated by repayment of loans, indicating lack of wrongful loss to the bank.
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
The court reaffirmed that misappropriation of loan funds constitutes a criminal offense regardless of subsequent recovery through civil actions.
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