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2013 (10) TMI 1427 - SC - Indian LawsInherent Jurisdiction of High Court in quashing a criminal proceeding or FIR or complaint u/s-482 CrPC - Criminal court's power for compounding the offences u/s 320 of CrPC is distinct & different - No power of quashing heinous and serious offences of mental depravity or offences like murder, rape, dacoity - Commitment of offences w.r.t. Banking activities & offences under Sections 420/471 IPC - Harmful effect on the public - Threatens well being of society - HELD THAT:- when the specific allegation is made against the respondent-accused that he obtained the loan on the basis of forged document with the help of Bank officials, yet on investigation it was found that the ingredients of cheating and dishonestly inducing delivery of property of the bank (Section 420 IPC) and dishonestly using as genuine a forged document (Section 471 IPC), charge sheet was required to be submitted under Sections 420/471 IPC against the accused persons. Offences w.r.t. Banking activities - HELD THAT:- The debt which was due to the Bank was recovered by the Bank with an order passed by Debts Recovery Tribunal. Therefore, it cannot be said that there is a compromise between the offender and the victim. The offences when committed in relation with Banking activities including offences under Sections 420/471 IPC have harmful effect on the public and threaten the well being of the society. These offences fall under the category of offences involving moral turpitude committed by public servants while working in that capacity. Further it may be claimed that the bank is the victim in such cases but, actually, the society including Bank's customers are infirm. There was neither an allegation regarding any abuse of process of any Court nor anything on record to suggest that the offenders were entitled to secure the order in the ends of justice. Decision in the case of GIAN SINGH VERSUS STATE OF PUNJAB AND ANR [2010 (11) TMI 1058 - SUPREME COURT] was followed. In the instant case, the High Court did not consider the above factors while passing the impugned order. Hence, Supreme Court was of opinion that the High Court has erred in addressing the issue in right perspective.
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