Saturday, September 20, 2014

Supreme Court : Repayment of loan obtained by fraud, by accused, is no ground to quash criminal case against him

A bench of Justice Dipak Misra and Vikramajit Sen of Supreme Court of India in its decision on 19th September 2014 in the case of ‘State of Maharashtra through CBI va Vikram Anantrai Doshi’ Criminal Appeal No. 2048/2014 held that even if the accused who had obtained the loan by fraud, has repaid the loan and even if the bank has given No Dues certificate to him, still this can not be a ground to quash criminal proceedings against him by High court by exercising inherent power under Section 482 of Code of Criminal Procedure. The court held that financial fraud of such nature goes beyond personal or private wrong. It is a wrong against the society and its consequences are serious.

Click below for Full Text of the Judgment.


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