SC: Charges of social offence cannot be dropped

The Supreme Court has ruled that in an offence against the society, the criminal charges cannot be dropped against the accused.

A bench, comprising Justices S B Sinha and Mukundakam Sharma, while dismissing an appeal of one Rumi Dhar, who along with her husband and six others was charge sheeted for criminal conspiracy, cheating and forgery noted, ‘The High Court in exercise of its jurisdiction under Section 482 of the Cr.P.C. and this court in terms of Article 142 of the Constitution, would not direct quashing of a case involving crime against the society, particularly when both the learned special judge as also the High Court have found that a prima facie case has been made out against the appellant herein for framing charge.’ Some officials of the Oriental Bank of Commerce, Khidirpur branch Kolkata were also being prosecuted under the Prevention of Corruption Act for colluding with the accused persons for taking the benefit of overdraft on the basis of forged document.

The accused, however, paid Rs 25.51 lakh as settlement with the bank and the CBI returned the title deeds of the property. The petitioner filed a petition before the trial court for her discharge in the criminal case but her application was dismissed. The Calcutta High Court also dismissed her revision petition.

The Supreme Court in its 14-page judgment noted, ‘The judgment of a tribunal in a civil proceeding and that too when it is rendered on the basis of settlement entered into by and between the parties, would not be of much relevance in a criminal proceeding having regard to the provision contained in Section 43 of the Indian Evidence Act.

Infact the offence against the accused being an offence against the society and the allegations contained in the FIR having been investigated by the CBI, the bank could not have entered into any settlement at all.

In another case the apex court has quashed the Madras High Court judgment dropping criminal proceeding against two persons involved in bank fraud, following payment of Rs 157 crore as settlement with the bank.

The apex court, while setting aside the High Court order dated April 30, 2008, dropping four criminal cases against A Ravi Shankar Prasad and Manohar Prasad holding that payment of 157 crore by the accused will not absolve the accused of the criminal offences, including criminal conspiracy and cheating and, therefore, the High Court was not justified in droping the criminal proceedings against the accused persons.’ Four criminal cases were registered on June 27, 1998, and the CBI filed chargesheet in a Chennai court against the accused persons in 2000. The accused persons paid Rs 157 crore to Indian bank in 2007 as one time settlement.