Dismissed

Rishi Muni Agarwal v. the Inspector of Police, Cbi/Seb and Anr.

Bombay HC3 Jul 2013APL/105/2012

Case brief

AI extract

What is this about?

This criminal application sought quashment of proceedings under Section 482 Cr.P.C. regarding alleged bank fraud and forgery. The court rejected the application, noting that the charge was already framed and witness examination was pending, ruling that settlement with the bank does not obliterate criminal liability.

What did the court decide?

None. The application for quashment was dismissed.

Rishi Muni Agarwal Vs the Inspector of Police, Cbi/Seb… — Banking and Recovery | Bombay HC (2013)

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vrd 1 APL105/12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.105 OF 2012

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Mr Rishi Muni Agarwal ...Applicant
v/s
The Inspector of Police,
CBI/SEB, Tanna House,
Colaba, Mumbai and others ...Respondents

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Mr H.R. Desai for Applicant.

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Mr Rajesh Desai for Respondent No.1.
Mr D.P. Adsule, APP for respondent No.2.
Mr R.N. Singh for Central Bank of India.

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CORAM : K.U. CHANDIWAL J.

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DATED : 3RD JULY 2013.

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P.C.:-

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1.Heard. The original accused No.3 seeks
quashment of proceedings in terms of section 482 of
Cr.P.C. Pending on the file of the learned special
Judge, CBI, Greater Mumbai in Special Case No.57 of
1999.

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2.An application for discharge below Exh.34
moved before the learned Special Judge was rejected

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vrd 2 APL105/12

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on 14th December 2011. The learned counsel for CBI

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informs, charge against the accused applicant is
framed, today the matter is fixed for examination
of witnesses and three witnesses are to be examined
today.

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3.The learned counsel for accused applicant
says, list of witnesses is given but witnesses are
not present before the learned Judge.

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4.The accused applicant obtained letter of
credit by allegedly executing forged document.
While encashing the letters of credit, goods sold
and value of the security given was divergent,
there was no verification of goods and letter of
credit was granted due to other consideration. The
prima facie material shows involvement of the
accused in the embezzlement carried at the bank.

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5.The learned counsel for the accused
applicant placed reliance on the letter issued by
the Central Bank of India dated 31st August 2012

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certifying that M/s Sarita Investment and Agencies

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vrd 3 APL105/12

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Ltd. has cleared all dues and in another letter of

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even date in favour of M/s Trinity Exports Imports
Pvt.Ltd., regarding repayment of full dues. It
will not primarily obliterate the criminal
liability. Civil wrong and criminal act travel in
altogether different directions. At the inception,
there was a fraudulent intention from the accused /
applicant to defraud the creditor, however it was

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only criminal prosecution which primarily
influenced that he came to terms and settled the
matter with the Bank. As it is, since charge is

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framed, I do not see any reason to conclude the
proceedings against the accused applicant.

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Reliance to several judgments of this Court will

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not change the scenario of the facts projected in

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its sphere. Application is dismissed. The
observations in this order are prima facie in

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nature.

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( K.U. CHANDIWAL J.)

Rishi Muni Agarwal v. the Inspector of Police, Cbi/Seb and Anr.

Case brief

What is this about?

What did the court decide?

Rishi Muni Agarwal v. the Inspector of Police, Cbi/Seb and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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