Central Bureau of Investigation vs. M/s Sarvodaya Highways Ltd. and Ors.
Background
The erstwhile State Bank of Bikaner and Jaipur sanctioned credit facilities of Rs. 50 crore (fund-based) and Rs. 10 crore (non-fund-based) to Sarvodaya Highways Ltd. based on the company's claimed work orders worth over Rs. 348 crore. When the loan turned into a Non-Performing Asset, an internal bank inquiry found that 3 of the 10 claimed work orders were entirely fabricated and the company's bank lien had not even been properly recorded, pointing to a fraud of about Rs. 52.5 crore committed in collusion with a bank official. The CBI registered an FIR and filed a chargesheet, but the Punjab and Haryana High Court quashed the entire proceedings against the company and its directors, prompting the CBI's appeal to the Supreme Court.
Decision Breakdown
The Supreme Court held that the High Court erred in quashing the proceedings, distinguishing the precedents relied upon by the respondents (where offences were limited to compoundable provisions like Section 420 IPC without allegations of fabricated documents). Here, forged work orders were used to procure the credit facility and offences under the Prevention of Corruption Act were also involved: factors that made quashing on the basis of a private settlement/compromise inappropriate where public exchequer loss was evident. The Court set aside the High Court's order, restored the chargesheet proceedings before the trial court, and clarified that its observations should not prejudice the accused persons' defence at trial.
Lesson Learnt
Criminal cases involving fraud on public financial institutions and fabricated documents generally cannot be quashed merely because a compromise or settlement is claimed. Where corruption-related offences and loss to the public exchequer are involved, courts will let the trial proceed rather than short-circuit it at the threshold.