IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
N.S. Krishnakumar – Appellant
Versus
Inspector of Police, SPE CBI ACB, Chennai – Respondent
ORDER :
1. The petitioner/A2, who is facing trial in C.C. No.11 of 2008 for offence under Section 120-B r/w 420 IPC and Section 13(2) r/w 13(1)(d) of Prevention of Correction Act, 1988 before the learned XI Additional Special Court for CBI Cases at Chennai, has filed this Quash Petition primarily on the ground of due amount settled to the 2nd respondent Bank.
2. The submissions of the learned Senior Counsel appearing for the petitioner are as follows:
(i) The learned Senior Counsel for the petitioner submitted that the case projected against the petitioner is that the petitioner along with other accused entered into a criminal conspiracy in the year 2002 to cheat the 2nd respondent Bank, opened current account, got discounted 59 bills enclosing false invoices and receipts for various amounts under Secured Demand Bills (SDB) during the period from 18.12.2002 to 14.12.2003, out of which, 44 bills became outstanding to the tune of Rs.28.58 lakhs as on 28.02.2005. The petitioner, Proprietor of M/s.Sriram Trading Company discounted the bills presented and caused loss to the 2nd respondent Bank. A1, the then Chief Manager of the 2nd respondent Bank purchased the Secured Demand Bills by redu
Criminal proceedings under special statutes like the Prevention of Corruption Act cannot be quashed solely based on civil settlements, emphasizing the need for trials to proceed.
Criminal proceedings under the Prevention of Corruption Act cannot be quashed based on civil settlements, emphasizing the need for trial completion.
Settlement of monetary disputes does not automatically justify the quashing of criminal proceedings in cases involving serious allegations of criminality.
One Time Settlement can quash criminal proceedings in cases lacking evidence of fraud or forgery.
Exercise of inherent jurisdiction – Stage and timing of settlement play a crucial role in determination as to whether to exercise power under Section 482 of Cr.P.C. 1973 or not.
Criminal proceedings can be quashed where allowing criminal proceedings to continue would serve no meaningful purpose, particularly when dispute between parties has already been resolved through a fu....
Redundant criminal proceedings should not be allowed to continue.
Quash of Criminal proceedings - Mere because the criminal law was set into motion on filing of a complaint, it cannot be the cardinal principle for continuity of proceedings as wherein the recovery p....
Amicable settlement between parties can justify quashing of criminal proceedings when no grievance remains from the complainant.
The court emphasized that economic offences involving the financial and economic well-being of the State have implications beyond private disputes, and the gravity of such offences must be considered....
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