In a criminal application seeking quashing of proceedings under Section 482 CrPC regarding alleged forgery in a loan transaction, the court referred to Gyan Singh' but dismissed the application as having no merits.
Application for quashing of Criminal Case No. 28/PW/2004 dismissed.
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apl-331-13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
rpa
CRIMINAL APPLICATION NO.331 OF 2013
V. R. Krishnan .. Applicant
Vs.
State of Maharashtra & Anr. .. Respondents
Mr. Mayur Sonawane, Advocate for the Applicant. Mr. D. P. Adsule, A.P.P. for Respondent No.1 – State. Mr. P. P. Tipnis i/b. M/s. Consulta Juris, Advocate for Respondent No.2.
CORAM : K. U. CHANDIWAL, J. DATED : JULY 4, 2013.
P.C. :
Heard learned counsel for the applicant (accused). Quashment of Criminal Case No.28/PW/2004 filed against the applicant pending before 47th Court of Additional Chief Metropolitan Magistrate, Esplanade, Mumbai is sought on the precise ground that the matter is resolved between the applicant – original accused and respondent no.2, the finance company – the employer.
2 The learned counsel says it is a fit case to exercise such discretion in terms of judgment in the mater of Gyan
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Singh V/s. State of Punjab, reported in 2012 (9) SCALE 257, 2012 10 SCC 303.
3 The constitution bench in the said judgment has elaborated legal position where to exercise such powers under Section 482 of the Code of Criminal Procedure. It has issued a caution note as to exercise of such powers. The High Court must have due regard to the nature and gravity of the crime. Heinous and serious offence like murder, rape cannot be fit to be quashed even though the victim or the victim's family have settled the dispute. It is further observed that if the offences relating to matrimony or dowery where the couple has resolved the controversy, in this category of cases High Court may quash the criminal proceedings, if in his view because the compromise between the offender and the victim possibility of conviction is removed and bleak. It is further observed :
“In other words the High Court must consider the interest of justice to continue with criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law. The dispute reflect overwhelming and predominantly civil flavour and compromise between the victim
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and wrong doors.”
4 Considering the nature of accusations, the accused –
applicant as a branch manager with the company, apparently processed loan proposals/documents for truck loan of Rs.10,00,000/ (Rs. Ten Lacs only) which documents were forged. No case for interference. Application lacs merits. Dismissed. The observations are primary in nature.
(K. U. CHANDIWAL, J.)
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1 issue framed by the court
Whether the criminal proceedings initiated based on forged loan documents are maintainable and should be quashed given the nature of the offense.
Colour shows how this judgement treated each authority
Gyan Singh V/s. State of PunjabReferred¶13
Gyan Singh V/s. State of Punjab, reported in 2012 (9) SCALE 257, 2012 10 SCC 303 · Who else cites this
1 provisions across 1 enactments
V. R. Krishnan
State of Maharashtra
K. U. CHANDIWAL
As recorded by the court registry
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