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ARUN DEV CHOUDHURY
Karuna Kr. Saikia – Appellant
Versus
Reserve Bank Of India, Represented By Sri P. Shimrah, Deputy General Manager, Urban Banks Department – Respondent
JUDGMENT :
(Arun Dev Choudhury, J.)
1. None appears for the petitioners on call, though Mr. H. Buragohain, learned counsel is present representing the sole respondent i.e. Reserve Bank of India.
2. It is seen from the record that on 23.06.2020, the learned counsel for the petitioner had made a submission before this Court that the brief has been taken by the petitioner from the learned counsel long back. Thereafter, when the matter was listed on 18.04.2024, none represented on behalf of the petitioner. Today also, none appears for the petitioner. In view of the aforesaid, this Court has taken up this matter for hearing on merit.
3. The present application under Section 482 read with Sections 397 and 401 of Code of Criminal Procedure, 1973 is filed for quashing the proceeding of C.R. Case No. 1767/2011 under Section 465/34 IPC read with Sections 46/47 of the Banking Regulation Act, 1949 pending before the Court of learned Sub Divisional Judicial Magistrate (S), Golaghat. The further challenge is an order dated 25.11.2011, passed by the learned Sub Divisional Judicial Magistrate (S), Golaghat in the aforesaid C.R. case, whereby cognizance of offence under Section 465/34 IPC read with Se
The court affirmed that allegations of forgery and violations of the Banking Regulation Act, if taken at face value, constitute a prima facie case, warranting continuation of criminal proceedings.
A banking entity can be held liable for providing false information under Section 46(1) of the Banking Regulation Act, with the prosecution not prohibited by prior penalties imposed under Section 47A....
Mistakenly representing both complainant and accused does not constitute forgery; no prima facie case under Section 466 of the IPC found.
Point of Law : Power conferred under Section 482 of the Code to quash criminal proceedings for non-compoundable offences under Section 320 of Code can be exercised having overwhelmingly and predomina....
Important points:The power granted to the RBI for cancellation of Registration is discretionary, the petitioner cannot be heard to contend that the RBI is bound to cancel the Registration of a non-ba....
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