In the backdrop of increasing financial scams in the country, the Supreme Court has in an important verdict ruled that a person cannot claim immunity from prosecution in such cases merely on returning the swindled money as the law of the land does not “exonerate” a person from criminal liability once a prima facie case is made out against him.
While defining the scope of the high courts’ discretionary power under Section 482 of the CrPC and Supreme Court’s under Article 142 of the Constitution to quash charges against an accused in such cases, a bench of Justices D.K. Jain and H.L. Dattu said “the HC in exercise of its jurisdiction under Section 482 of the CrPC and SC, in terms of Article 142 of the Constitution, would not direct quashing of a case involving a crime against the society.”
The ruling came on the appeal of Sushil Suri, an executive director of a Delhi-based company, Morpen Laboratories Ltd., chargesheeted by the CBI for defrauding Punjab and Sind Bank worth crores of rupees with other directors by opening “factious” accounts in some banks in the name of certain firms with an alleged “intention and object” to facilitate diversion of funds available from various public limited companies for the purpose other than what had been stated in the loan applications by the company.
“We hold that merely because the dues of the bank have been paid up, the appellant cannot be exonerated from the criminal liability, therefore the CBI chargesheet against him cannot be quashed,” the apex court judges said.