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1 - 8 of 8 (0.31 seconds)The Indian Penal Code, 1860
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
C.B.I vs Ashok Kumar Aggarwal on 31 October, 2013
4.1. Commenting on the investigation, the learned Senior Counsel would
submit that the First Information Report itself was not registered based on any
complaint by the bank. No preliminary enquiry was conducted. The occurrence
was said to have taken place during 1990 - 1991 and the case was registered after
3 years. The statements under Section 164 of Cr.P.C., of Raju (A4), Santhammal
(A5) and Venkatachalapathy (A3) were recorded by the XXIV Metropolitan
Magistrate. However, those statements were suppressed by the Investigating
Officer, and those materials were not placed before the sanctioning authority. As
per the judgment of the Hon'ble Supreme Court of India in CBI Vs. Ashok
Kumar Agarwal1, it is held that the prosecution is under the obligation to place
1 AIR 2014 SC 827
Page 9 of 27
https://www.mhc.tn.gov.in/judis ( Uploaded on: 31/07/2025 01:10:04 pm )
Criminal Appeal No.327 of 2016
the entire record before the sanctioning authority, and the Court has to be
satisfied that the authority has applied its mind.
Union Of India (Uoi) And Anr. vs J.S. Khanna, Etc. on 21 October, 1971
4.2. The learned Senior Counsel would submit that the appellant (A1)
complied with all the requirements at the time of sanctioning the loan, and the
loan was secured by immovable properties. The entire dues of the bank were
settled after the properties were auctioned by the Debt Recovery Tribunal.
Merely because the appellant did not conduct a pre-sanction inspection, this
alone would not amount to criminal misconduct and can at best be considered a
mere irregularity. As per the judgment of the Hon'ble Supreme Court of India in
Union of India (UOI) and another Vs. Major J.S. Khanna2, mere irregularities
will not constitute criminal misconduct.
S.K. Kale vs State Of Maharashtra on 17 December, 1976
The judgment in S. K. Kale Vs. State of
Maharashtra3 is also relied upon.
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