Supreme Court · 2009 INSC 460 · Decided 8 April 2009
Rumi Dhar v. State of West Bengal & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 460 · [2009] 5 S.C.R. 553
- Case number
- CRIMINAL APPEAL No. 661/2009
- Decided
- 8 April 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 120; CrPC Section 239, 482; Evidence Act Section 43; Constitution Article 142
Headnote
Code of Criminal Procedure, 1973: s.239 - Discharge - Accused persons charged for defrauding the bank, falsification of account and forgery of records - Charges also c framed - Meanwhile some settlement arrived at in the debt recovery suit before Tribunal - Payment made by accused in terms of :>- -Held: Trial Court rightly dismissed application for discharge - Settlement with the creditor would not exonerate the D accused from prima facie charge in a criminal case - While considering application for discharge uls. 239, it is for trial court to go into details of allegations made
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