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"13. The same principle was followed in Central
.
Bureau of Investigation v. Maninder Singh (2016)1
SCC 389 by a bench of two learned Judges of this
Court. In that case, the High Court had, in the
exercise of its inherent power under Section 482
quashed proceedings under Sections 420, 467, 468
and 471 read with Section 120-B of the Penal Code.
While allowing the appeal filed by the 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
thepower under Section 482:
"... 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
.