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Central Bureau of Investigation Mr Justice Dipak Misra (as the
learned Chief Justice then was) observed that the case involved
allegations of forgery of documents to embezzle the funds of the
bank. In such a situation, the fact that the dispute had been settled
with the bank would not justify a recourse to the power under
Section 482:
"...In economic offences Court must not only keep in view that money
has been paid to the bank which has been defrauded but also the
society at large. It is not a case of simple assault or a theft of a
trivial amount; but the offence with which we are concerned is well
planned and was committed with a deliberate design with an eye
of personal profit regardless of consequence to the society at large.
2.
"... Lack of awareness, knowledge or intent is neither to be
considered nor accepted in economic offences. The submission
assiduously presented on gender leaves us unimpressed. An offence
under the criminal law is an offence and it does not depend upon the
gender of an accused. True it is, there are certain provisions in Code
of Criminal Procedure relating to exercise of jurisdiction Under
Section 437, etc. therein but that altogether pertains to a different
sphere. A person committing a murder or getting involved in a
financial scam or forgery of documents, cannot claim discharge or
acquittal on the ground of her gender as that is neither
constitutionally nor statutorily a valid argument. The offence is
gender neutral in this case. We say no more on this score..."