MANMOHAN SINGH
Sanjay Bhandari – Appellant
Versus
Central Bureau of Investigation – Respondent
Key Points: - The settlement between bank and company, recorded via DRT consent decree and RBI OTS, can lead to quashing if ends of justice and no public interest are harmed (!) (!) (!) . - The Court discusses Gian Singh framework: quashing allowed for civil/commercial disputes with remote likelihood of conviction, excluding heinous, violent, or public-statute offences like PC Act cases (!) (!) - (!) . - Comparisons with NL Jain, Nikhil Merchant, and Narinder Singh establish that consent/decree and bank exoneration can justify quashing when the dispute is civil/financial and not willful default or malfeasance; however, Doshi/Duncan lines caution against simplistic application in more serious offenses (!) - (!) . - The RBI OTS scheme excludes willful default, fraud, malfeasance; reliance on OTS must show compliance with its terms and that the bank has exonerated the accused in letters/consents (!) - (!) (!) . - The High Court ultimately quashed the proceedings due to prolonged trial and civil nature of the dispute, ordering a cost deposit to PMNRF (!) - (!) .
1. The petitioner have filed the present petition under Section 482 Cr.P.C for quashing of the proceedings pending against the petitioners, on the basis of settlement arrived at between the petitioners and the complainant bank arising out of R.C. No.4A/94/SIU(X) dated 23rd May, 1994, titled as 'CBI vs. N. Bhojraj Shetty & Ors.', being C.C. No.65/11, pending in the Court of Special Judge (CBI), Tis Hazari Courts, Delhi.
2. Brief facts of the case are that a case RC-4(A)/94/SIU(X) was registered on 23rd May, 1994 on the basis of a complaint dated 20th May, 1994 of Shri H. Vasant Shetty, DGM, Vijaya Bank, Zonal Office, New Delhi on the allegation that Vijaya Bank, R.K Puram Branch, New Delhi was defrauded to the tune of about Rs.46.99 lac approximately during 1987 to 1990 by the Director of M/s RKB Herbals Pvt. Ltd. in connivance with officers of Vijaya Bank in the matter of obtaining credit facilities to the tune of Rs.1 crore.
PROSECUTION CASE
3. The prosecution's case is that in the revised application, the accused company (A-5) did not disclose that its other unit i.e. Homeopathy unit at New Delhi was availing credit facility with another bank, namely, Indian Overseas Bank, D
B.S. Joshi vs. State of Haryana (2003) SCC 675
CBI vs. Duncuns Agro reported in 1996 (5) SCC 591
CBI vs. Narender Lal Jain (2014) 5 SCC 364
Narinder Singh & Ors. vs. State of Punjab & Anr.
Dimpey Gujral v. Union Territory through Administrator AIR 2013 SC 518
State of Rajasthan v. Sambhu Kevat
Gopakumar B. Nair v. CBI & Anr.
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