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The State of Madhya Pradesh v. Yogendra Singh Jadon & Anr.

Criminal Appeal · 2020 INSC 124Decided 31 Jan 2020
Criminal Appeal No. 175 of 2020
Justice L. Nageswara Rao · Justice Hemant Gupta

Background

The respondents, sons of a former President of a District Cooperative Bank in Shajapur, Madhya Pradesh, were accused of obtaining cash credit loans from the bank without following due procedure, such as without properly registered mortgage documents, while their father headed the bank. A charge sheet was filed against them for cheating and criminal conspiracy under the IPC, along with other bank officials under the Prevention of Corruption Act. After charges were framed by the trial court, the respondents challenged this in a revision petition, and the High Court quashed the proceedings against them, holding that no case of cheating was made out.

Decision Breakdown

The Supreme Court held that the High Court had exceeded the limited scope of its power under Section 482 of the Code of Criminal Procedure by examining the merits of the case at the pre-trial stage, when the allegations were really matters to be tested through evidence at trial. The Court found that the manner in which the loans were sanctioned to the President's own sons, without proper documentation, prima facie disclosed an offence of cheating and conspiracy, especially since other bank officials were already facing related corruption charges. The Supreme Court set aside the High Court's order quashing the charges and restored the criminal proceedings, allowing the State's appeal, while leaving it open to the respondents to pursue any other lawful remedy.

Lesson Learnt

High Courts should not use their inherent power to quash criminal proceedings as a substitute for a full trial where the alleged facts, if proved, could establish an offence: such questions must ordinarily be decided after evidence is led in court, not short-circuited at the charge stage.

Official source (sci.gov.in)View Judgment (PDF)

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