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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
Indian Bank – Appellant
Versus
Mohan Murti Shandilya – Respondent
| Table of Content |
|---|
| 1. factual basis for the complaint (Para 1 , 2) |
| 2. arguments presented by petitioner bank (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. court's analysis of section 340 of crpc (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. findings on petitioner's secured creditor status (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. review of allegations of forgery (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 6. court's conclusions on the prosecution's merit (Para 35 , 36 , 37 , 38 , 39) |
| 7. final decision and order of the court (Para 40 , 41 , 42) |
JUDGMENT :
AMIT MAHAJAN, J.
1. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the criminal complaint under Section 340 of the Code of Criminal Procedure, 1973 (‘CrPC’) read with Sections 405 /409/219/420/467/471/477-A/34/120B of the Indian Penal Code, 1860 (‘ IPC ’) read with Section 29 of the SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT , 2002 (‘SARFAESI Act’) filed by the respondent and pending before the learned Magistrate, Tis Hazari Courts, Delhi in CC No. 820/2006.
2. The brief facts of the case are as follows:
i. It is alleged that th
The court quashed proceedings under Section 340 CrPC, ruling that allegations of forgery lacked merit and constituted an abuse of process due to pending appeal in Debt Recovery Appellate Tribunal.
Civil Courts retain jurisdiction to hear fraud allegations only when not covered by the DRT's jurisdiction in SARFAESI Act cases.
The SARFAESI Act provides a complete legal framework for secured creditors, ensuring that their actions are protected when conducted in good faith, and establishes that criminal proceedings cannot be....
Fraud allegations must provide specific particulars to circumvent the jurisdictional bar under Section 34 of the SARFAESI Act, 2002; vague claims are insufficient.
The Court emphasized that the power to quash criminal proceedings should be exercised sparingly and only in exceptional cases, and that the Court should not inquire about the reliability or genuinene....
Allegations of fraud against a secured creditor allow civil court access despite statutory bars, permitting claims and proceedings to continue.
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