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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
Ashok Kumar Gupta – Appellant
Versus
Central Bureau Of Investigation – Respondent
JUDGMENT :
AMIT MAHAJAN, J.
1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) is filed seeking quashing of RC No. BD121016E0001 registered under Sections 120B/420/467/468/471 of the INDIAN PENAL CODE , 1860 (‘IPC’) read with Sections 13 (2) and 13(1)(d) of the Prevention of Corruption Act, 1988 (‘PC Act’), and the consequential proceedings arising therefrom, pending before the learned Additional Sessions Judge, Tis Hazari Courts, New Delhi.
2. The Petitioner, superannuated honorably as an Executive Director of Canara Bank on 31.10.2014. The prosecution stems from default on repayment of loan sanctioned to M/s Occasion Silver Pvt. Ltd. (OSPL) in the year 2013. It is stated that the petitioner was not named in the original RC and has been implicated based on his role in the ED-CAC (Executive Director-Credit Approval Committee) which sanctioned the proposal for loan to OSPL.
Brief Facts
3. Succinctly stated, on 04.09.2013, OSPL, engaged in the wholesale and retail trading of silver jewellery and articles, gold, diamond and imitation jewellery, crockery, and gift items, submitted a proposal to Canara Bank, Kamla Nagar branch, for a working capital f
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The court established that a lack of prima facie evidence warrants quashing of criminal proceedings, emphasizing the limited scope of judicial review under Section 482 of the Cr.P.C.
The need for a demand or request for a valuable thing or pecuniary advantage from the public servant to establish an offence under Section 13(1)(d) of the Prevention of Corruption Act, 1988.
The court held that mere negligence by an advocate in providing legal opinions does not constitute criminal conspiracy without evidence of active participation in the fraudulent scheme.
No previous sanction under Section 197 of the Cr.P.C. is required for a Bank Manager and there is no requirement of obtaining the previous sanction under Section 19 of The Prevention of Corruption Ac....
The court ruled that charges framed against an accused must have sufficient evidence of demand and acceptance to uphold prosecutorial validity; otherwise, it constitutes an infringement of fundamenta....
To sustain a conviction for criminal conspiracy, there must be sufficient evidence demonstrating a meeting of minds and the intent to commit fraud, as mere presumption is insufficient.
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