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Supreme Court of India 2020-09-08 allowed

Ashoo Surendranath Tewari vs Deputy Superintendent of Police, EOW, CBI & Anr

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

A bank official was accused of fraud under IPC Section 420 in connection with a finance scheme involving delayed vendor payments and RTGS remittances. A special judge had earlier concluded no sanction was needed under CrPC Section 197 and found a prima facie case existed. The Supreme Court held that where adjudication proceedings have concluded that no statutory violation occurred, proceeding with a criminal trial on the same facts constitutes an abuse of process, violating principles of natural justice and finality.

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Criminal Procedure Banking Law Fraud Sanction Requirement Abuse of Process

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