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Supreme Court of India 2025-04-23 allowed

SIVAKUMAR vs THE INSPECTOR OF

Bench: 2 — Vikram Nath, Sandeep Mehta

In Brief

A bank manager was prosecuted for cheating in connection with a property auction conducted under the SARFAESI Act in 2012. The Supreme Court quashed the criminal proceedings, holding that the appellant was not the authorized officer at the time of auction and issuance of the sale certificate—he assumed office only in November 2014. Since he had no direct involvement in the transaction and was not a signatory to the certificate, the allegations were baseless. Continuing proceedings against him would constitute abuse of process and miscarriage of justice.

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Criminal Procedure Banking Law SARFAESI Act Secured Creditor Auction Cheating Abuse of Process Miscarriage of Justice Consumer Protection Criminal Liability

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