Does Bank Settlement End Criminal Prosecution?

2023 0 Supreme(Guj) 242

/C.E.O., and when the settlement was arrived at, by the Bank and the debtor under the scheme so floated, it would be for the recovery of the public money, which itself would not absolve the offence committed against the Bank. ... While breach of contract cannot give rise to criminal prosecution for cheating, fraudulent or dishonest intention is the bas....

2024 7 Supreme 491

prosecution would be good ground to invoke the extraordinary power under Section 482 Cr.P.C.” ... The charges include the use of fraudulent, fake and forged documents that were used to embezzle public money and if these are proved, they would be grave crimes against the society as a whole and hence, merely due to a private settlement between the Bank and the accused, it cannot be said that the p....

2024 3 Supreme 338

A mere breach of contract, by one of the parties, would not attract prosecution for criminal offence in every case, as held by this Court in Sarabjit Kaur v. State of Punjab and Anr. (2023) 5 SCC 360. ... The case of the respondent no. 2 against the settlement dated 27.12.2017 is that the respondent no. 2 was coerced in entering into this settlement and this is not a settlement arrived a....

2023 0 Supreme(Mad) 1737

Later, the account was classified as NPA and recovery proceedings initiated and one time settlement reached, due settled to the satisfaction of the bank. Hence, there is no question of cheating. ... In view of the settlement arrived with the bank, and the dues of the bank paid back to their satisfaction, there is no reason or purpose to continue with the prosecution. 25....

2023 0 Supreme(Cal) 1195

That the cases being of civil nature and when there is a settlement between the Bank and the parties, the primary allegation of cheating is negated and when the allegation of cheating goes, the other allegations of forgery appended to its dies a natural death. ... That the learned Judge failed to comprehend that the instant case is one of civil nature and once a settlement has been reached by the parties ....

2023 0 Supreme(UK) 621

It is the reason that OTS could not be made by company. They were in helpless position. (v) Since the company could not pay its dues, the Bank proceeded against the properties of the company. (vi) It is not a case of cheating. ... State of Bihar, (2005) 10 SCC 336, wherein, the Hon’ble Supreme Court has observed that “it is well settled that every breach of contract would not give rise to an offence of cheating#H....

2025 0 Supreme(Pat) 464

In our view, allowing the present criminal proceedings to continue would serve no meaningful purpose, particularly when the dispute between the parties has already been resolved through a full and final settlement. ... Further, since no material has come to fore regarding forgery for the purposes of cheating, the rigors of section 468 would also not be attracted. 18. ... Therefore, in my opinion, no usefu....

2023 0 Supreme(Mad) 2556

This communication would prove that the lending bank was not induced by A-4 report to advance loan. ... This appellant knowingly, with the dishonest intention induced the bank to sanction loan. His relinquishment from directorship subsequently will wipe away his criminal intention of cheating the Indian bank in connivance with others and aiding them to cheat the bank. .....

2025 Supreme(Online)(MAD) 18023

In view of the settlement, the possibility of conviction is remote and bleak and continuation of criminal case would put the accused to great oppression and prejudice. ... It would be appropriate that the case proceeds further and takes to its logical end. It is for the Trial Court to decide the case on its own merits and in accordance with law. 13. ... During trial in Kothari Polymers case, it was found ....

Gour, "a mere breach of contract cannot give rise to a criminal prosecution. ... The offence of cheating would not be constituted if the victim parted with the property due to a reason independent of the deceptive assertion made by the offender.3. ... Even if the alleged offender had practised deception, and nonetheless quite independent of the deceptive assertion made by the offende....

2018 0 Supreme(Ori) 655

Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged. It is further held that while no one with a legitimate cause or grievance should be prevented from seeking remedies available in criminal law, a complainant who initiates or persists with a prosecution, being fully aware that the criminal proceedings are unwarranted and his remedy lies only in civil law, should himsel....

2015 0 Supreme(Raj) 2100

Therefore, same may be quashed and set aside qua the petitioner. 2 failed to pay the remaining sale amount, therefore, dispute is only of civil nature. No offence of cheating or criminal breach of trust is made out. As such FIR and continuing of investigation, in the said FIR is abuse of process of law.

2015 0 Supreme(Bom) 1028

There is no element of cheating or criminal intimidation made out. The respondent No.2, who is resident of Mehkar in Buldhana district, instead of paying the parking charges and other expenses, has preferred to file a false F.I.R. to avoid payment.

2014 0 Supreme(Cal) 764

It cannot be said with certainty that there is a conscious settlement and/or compromise between the bank and the accused that the bank would not proceed with the criminal proceeding. Reliance can be safely placed to a case of the Apex Court in case of Jagjit Singh, (AIR 2013 SC (Cri) 2248) (supra) where the prayer for quashing the proceeding under Section 482 of the Code was rejected as there was no compromise between the parties. In the instant case, the bank does not say th....

2014 0 Supreme(Del) 1225

Although the civil proceedings had come to an end as a result of the settlement arrived at between the accused and the Bank it would not affect the criminal liability of the accused. The offence under Section 13 (1) (d) r/w Section 13 (2) PC Act and Section 120B IPC was not compoundable. It was concluded that the prosecution had been able to prove that the acts done intentionally and dishonestly by the accused resulted in the Bank being induced to pay money to A-2 to A-5 in f....