Supreme Court Of India
(From : AIROnline 2017 Guj 147)
Abhay S. Oka,
Augustine George Masih
, JJ
Constitution of India , Art.226— Criminal P.C. (2 of 1974) , S.482— Quashing of proceedings – Civil dispute – Allegations of forgery were levelled against appellants borrowers and branch manager of bank in connection with loans sanctioned to appellants, which remained unpaid – One time settlement before DRT was finalised before issuance of charge sheet – No loss was caused to the bank and bank had no grievance – Dispute was primarily civil in nature arising out of commercial transaction and parties had resolved dispute amongst themselves – Since allegations against bank manager were not substantiated, chances of conviction of appellants were bleak – Great prejudice and injustice will be caused to appellants if criminal proceedings were allowed to continue – Criminal proceedings were quashed.
AIROnline 2017 Guj 147-Reversed2014 AIR SCW 2065-Followed
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