LAW FOR ALL

Sec.482 of Cr.P.C. - Non-Compoundable Economic Offences against public funds/Banks - not to be quashed on comprise -Fraud on Bank of Baroda - siphon crores of amounts in the name of fictitious companies for their personal use - pending trial one of accused paid amount and obtained no due certificate - High court quashed the case against him - Apex court held that It is not such a case where one can pay the amount and obtain a “no due certificate” and enjoy the benefit of quashing of the criminal proceeding on the hypostasis that nothing more remains to be done. The collective interest of which the Court is the guardian cannot be a silent or a mute spectator to allow the proceedings to be withdrawn, or for that matter yield to the ingenuous dexterity of the accused persons to invoke the jurisdiction under Article 226 of the Constitution or under Section 482 of the Code and quash the proceeding. It is not legally permissible. It is the experience of the Judge comes to his aid and the said experience should be used with care, caution, circumspection and courageous prudence. As we find in the case at hand the learned Single Judge has not taken pains to scrutinize the entire conspectus of facts in proper perspective and quashed the criminal proceeding. Ex consequenti, the appeal is allowed, and the order passed by the High Court is set aside and it is directed that the trial shall proceed in accordance with law. = CRIMINAL APPEAL NO. 2048 OF 2014 (Arising out of S.L.P. (Crl.) No. 6461 of 2011) State of Maharashtra Through CBI … Appellant Versus Vikram Anantrai Doshi and Others …Respondents = 2014- Sept. Month - http://judis.nic.in/supremecourt/imgst.aspx?filename=41939