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2015 Supreme(Del) 923

MANMOHAN SINGH
Sanjay Bhandari – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocate Appeared:
For the Petitioners:K.T.S. Tulsi, Sr. Advocate, Suman Kapoor, Raj Kamal, K. Shrivastava, Advocates.

Judgement Key Points

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 (!) - (!) .

What is the scope of the High Court's power under Section 482 CrPC to quash criminal proceedings in light of settlements under RBI OTS and civil decrees?

What are the criteria for quashing criminal proceedings where the dispute is predominantly civil in nature and a settlement/consent decree exists between the parties?

What is the relevance and impact of judgments in NL Jain, Nikhil Merchant, Gian Singh, Narinder Singh, and Duncans Agro on the present case's applicability of quashing based on settlement?


Judgment

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









































































































































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