Supreme Court · 2009 INSC 1063 · Decided 21 August 2009
M.N. Ojha & ORS. v. Alok Kumar Srivastav & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1063 · [2009] 13 S.C.R. 444
- Case number
- CRIMINAL APPEAL No. 1582/2009
- Decided
- 21 August 2009
- Bench
- R.V. RAVEENDRAN, B. SUDERSHAN REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 482; Constitution Article 136
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: -..,,.. ... c s.482 - Powers of High Court - Explained - Complaint case by one of the guarantor against bank officials alleging criminal breach of trust on their part in encashing FDRs offered by guarantors as security- Judicial Magistrate issuing summons to uls 482 by Bank officials D seeking to quash the proceedings - Summarily dismissed by High Court.- Held: The averments made in the complaint do ..._ ~ nC?t reveal commission of any offence by bank officials, who were only taking steps to realize the loan amount - The Magistrate did not apply
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