S.Samraj vs The Inspector Of Police, on 8 July, 2026

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    Madras High Court

    S.Samraj vs The Inspector Of Police, on 8 July, 2026

    Author: G.K. Ilanthiraiyan

    Bench: G.K. Ilanthiraiyan

                                                                                     Crl.O.P.No.20604 of 2025
    
                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                             RESERVED ON              : 30.06.2026
    
                                             PRONOUNCED ON            : 08.07.2026
    
                                                              CORAM
    
                                      THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
    
                                                  Crl.O.P.No.20604 of 2025
                                                and Crl.M.P.No.14238 of 2025
                         S.Samraj
                         Prop M/s.Swastik Enterprises                 … Petitioner/Accused No.2
    
                                                               vs.
                         1.The Inspector of Police,
                           CBI, ACB, Shastri Bhavan,
                           Nungambakkam, Chennai.
    
                         2.The Chief Manager,
                           Asset Recovery Management Branch,
                           Canara Bank,
                           770A, Anna Salai, Chennai – 600 002.       … Respondents
    
                         PRAYER: Criminal Original Petition is filed under Section 528 of the
                         Bharathiya Nagarik Suraksha Sanhita, 2023, to call for the records of
                         C.C.No.17 of 2014 on the file of the XI Additional City Civil and Sessions
                         Court for CBI Cases, Chennai and quash the same in respect of the above
                         petitioner.
                                             For Petitioner     : Mr.B.Natarajan
    
                                             For R1             : Mr.K.Srinivasan
                                                                  Special Public Prosecutor (CBI)
    
                                             For R2             : Mr.P.Raghunathan
                                                                  for M/s.T.S.Gopalan and Co
                         1/24
    
    
    
    
    https://www.mhc.tn.gov.in/judis
                                                                                    Crl.O.P.No.20604 of 2025
    
                                                            ORDER
    

    This Criminal Original Petition has been filed to quash the

    proceedings in C.C.No.17 of 2014 on the file of the XI Additional City Civil

    SPONSORED

    and Sessions Court for CBI Cases, Chennai.

    2. The petitioner is arrayed as 2nd accused. The case of the

    prosecution is that the petitioner was the proprietor of M/s. Swastick

    Enterprises and he was in the business of manufacturing and domestic and

    international of granites. On 04.03.2010, the 2nd respondent/bank sanctioned

    to the petitioner, OCC / PC limit of Rs.800 lakhs, FDB / FDE limit of

    Rs.300 lakhs and a term loan of Rs.35 lakhs. The said loan amount was

    obtained from Punjab National Bank. The petitioner secured the credit

    facilities granted by the bank by mortgaging various asstes owned by him.

    2. (i) Further, the account of the petitioner had became non-

    performing. Therefore, a legal notice was issued on 03.06.2011 and

    subsequently, the 2nd respondent/bank initiated action under the SARFAESI

    Act against the secured assets mortgaged to the bank and a demand notice

    was issued to the petitioner on 03.06.2011 and a symbolic possession of the

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    properties was taken on 16.08.2011. Thereafter, on 27.11.2012 an original

    application in O.A.No.186 of 2012 was filed before the Debts Recovery

    Tribunal, Chennai by the 2nd respondent/bank for recovery of a sum of

    Rs.1591.44 lakhs together with interest and for the sale of the mortgaged

    property. The 2nd respondent/bank filed a criminal complaint against the

    petitioner/2nd accused on 13.08.2013 alleging fraudulent availment of credit

    limits and diversion of funds. Thereafter, a police report was filed by the

    Central Bureau of Investigation and the said criminal case is pending. On

    16.10.2017, the said original application was allowed and recovery

    certificate bearing No.DRC 4 of 2018 was issued.

    2. (ii) It is further stated that on 29.09.2018, one of the properties of

    the petitioner was sold under SARFAESI Act for Rs.551.00 lakhs and

    another property was sold on 13.12.2021 for Rs.43.41 lakhs and the said

    amounts were credited to the loan account. Thereafter, another property was

    sold on 10.11.2022 and a sum of Rs.25.85 lakhs was realised and credited to

    the loan account. The remaining properties were valued only at Rs.24.25

    lakhs which were difficult to sell and realize as there were no interested

    buyers to purchase the quarry land.

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    2. (iii) It is the further case of the prosecution that the petitioner had

    offered Rs.75 lakhs by way of One-Time Settlement, improved his offer to

    Rs.100 lakhs and paid an amount of Rs.10 lakhs to show his bonafides.

    Thereafter, there were negotiations between the petitioner and the bank

    based on which a One-Time Settlement for Rs.1.20 crores was reached

    between the bank and the said buyer. Thereafter, on 26.12.2023, the

    borrower paid a sum of Rs.120 lakhs and a No Due Certificate was issued on

    12.02.2024 to the petitioner. A memo was filed before the Debts Recovery

    Tribunal II, Chennai in DRC No.4 of 2018 and O.A.No.186 of 2012

    requesting for recording the said compromise and seeking return of

    documents and the said documents have been returned by the Debts

    Recovery Tribunal. However, there was a loss to the tune of Rs.725.55 lakhs

    to the 2nd respondent/bank. Therefore, all the accused are charged for the

    offences under Section 120-B read with 420, 467, 468, read with 471 of IPC

    and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988.

    After completion of investigation, the 1st respondent filed final report and

    the same has been taken cognizance by the Trial Court.

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    3. Mr.B.Natarajan, learned counsel appearing for the petitioner

    submits that the petitioner is arrayed as 2 nd accused. The case of the

    prosecution as against the petitioner is that the petitioner,in collusion with

    the other accused persons, diverted the funds from the cash credit limit of

    Canara Bank, Guindy Branch to his individual account maintained with

    State Bank of Hyderabad to the tune of Rs.45 lakhs. He further submits that

    the entire loan of the petitioner was fully secured and he had mortgaged

    several valuable properties. After committing default, the Banker initiated

    proceedings under the SARFAESI Act as against the petitioner. Thereafter,

    the petitioner offered One-Time Settlement and the same was duly approved

    by the Banker. Accordingly, the petitioner had settled the loan amount as full

    and final settlement and the banker also issued No Due Certificate dated

    12.02.2024. He further submits that the Bank did not suffer any loss and as

    such, the petitioner was issued with No Due Certificate. Therefore, the

    criminal proceedings pending against the petitioner would not serve any

    purpose. In view of the settlement made by the petitioner, the entire

    proceedings against the petitioner cannot be sustained and is liable to be

    quashed.

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    4. In support of his contention, he relied upon the several judgments

    of the Hon’ble Supreme Court of India:-

    4. (i) In K.Bharthi Devi and another vs. State of Telangana and

    another reported in (2024) 10 SCC 384, the Hon’ble Supreme Court of India

    held as follows:-

    “44. The facts in the present case are similar to the facts
    in Sadhu Ram Singla wherein a dispute between the borrower
    and the Bank was settled. In the present case also, undisputedly,
    the FIR and the charge-sheet are pertaining to the dispute
    concerning the loan transaction availed by the accused persons
    on one hand and the Bank on the other hand. Admittedly, the
    Bank and the accused persons have settled the matter. Apart
    from the earlier payment received by the Bank either through
    equated monthly instalments (EMIs) or sale of the mortgaged
    properties, the borrowers have paid an amount of
    Rs.3,80,00,000/- under OTS. After receipt of the amount under
    OTS, the Bank had also decided to close the loan account. The
    dispute involved predominantly had overtures of a civil dispute.

    45. Apart from that, it is further to be noted that in view
    of the settlement between the parties in the proceedings before
    the DRT, the possibility of conviction is remote and bleak. In our
    view, continuation of the criminal proceedings would put the
    accused to great oppression and prejudice.

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    46. In any case, as discussed hereinabove, both the
    appellants have been arraigned as wives of the Accused 1 and 2.
    The specific role that was attributed in the charge-sheet was
    pertaining to Accused 1.

    47. In the result, we find that this was a fit case wherein
    the High Court ought to have exercised its jurisdiction under
    Section 482 CrPC and quash the criminal proceedings.”

    In the above cited judgment, since the dispute concerning the loan

    transaction availed by the accused from the defacto complainant was settled,

    the defecto complainant/bank also decided to close the loan account. Hence,

    the dispute in the present case is predominantly civil in nature.

    4. (ii) In Tarina Sen vs. Union of India and another reported in

    (2024) 20 SCC 97, the Hon’ble Supreme Court of India held as follows:-

    “20. The facts in the present case are not in dispute. It is
    not disputed that the matter has been compromised between the
    borrowers and the Bank. It has also not been in dispute that,
    upon payment of the amount under the OTS, the loan account
    of the borrower has been closed.

    21. Therefore, the only question would be, as to whether
    the continuation of the criminal proceedings against the present
    appellants would be justified or not.

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    22. At the outset, we may state that we are only
    considering the cases of two women i.e. Accused 4 and 5,
    wherein Accused 4 is the wife of Accused 2. It is also not in
    dispute that the original Accused 2 and 3 have since died.

    23. By a separate judgment of the even date in criminal
    appeal arising out of Special Leave Petition (Criminal)
    No.4353 of 2018 wherein similar facts arose for consideration,
    we have held that when the matter has been compromised
    between the borrower and Bank, the continuation of the
    criminal proceedings would not be justifiable.

    24. Relying on the earlier judgments of this Court, we
    have held that in the matters arising out of commercial,
    financial, mercantile, civil, partnership or such like
    transactions or the offences arising out of matrimony relating
    to dowry, etc. or family disputes where the wrong is basically
    private or personal in nature and the parties have resolved
    their entire dispute, the High Court should exercise its powers
    under Section 482 CrPC for giving an end to the criminal
    proceedings. We have held that the possibility of conviction in
    such cases is remote and bleak and as such, the continuation of
    the criminal proceedings would put the accused to great
    oppression and prejudice.”

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    In the above judgment, since the matter was compromised between the

    borrower and bank, it as found that the continuation of the criminal

    proceedings would not be justifiable, hence, the Hon’ble Supreme Court of

    India had quashed the proceedings on the ground of compromise.

    4. (iii) In N.S.Gnaneshwaran Etc. vs. Inspector of Police and

    another reported in 2025 SCC OnLine SC 1257, the Hon’ble Supreme

    Court of India held as follows:-

    “7. Having considered the submissions of both sides
    and examined the record, we are of the view that no useful
    purpose would be served by continuing the criminal
    proceedings in the present matter. The dispute has, admittedly,
    culminated in a comprehensive One Time Settlement under
    which the Bank has received the entire outstanding amount.
    The recovery proceedings before the tribunal have been
    dismissed as settled, and no residual claim survives. The Bank
    has not raised any objection to the closure of the matter and
    has issued formal acknowledgments of satisfaction.

    8. Further, in identical proceedings filed by the CBI
    against the appellants in C.C. Nos. 13 of 2006 and 151 of 2010,
    the charge sheets were quashed by the High Court after taking
    note of the settlement reached in the recovery proceedings. The
    special leave petitions preferred by the State being SLP (Crl)
    No. 711 of 2021 and SLP (Crl) No. 825 of 2021 challenging the
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    said quashing were dismissed by this Court, rendering the
    orders final. Since the facts and legal position are the same in
    the present matter, we see no reason why the appellants should
    not be given the same relief.

    9. In our view, allowing the present criminal
    proceedings to continue would serve no meaningful purpose,
    particularly when the dispute between the parties has already
    been resolved through a full and final settlement. The
    settlement between the parties having taken place after the
    alleged commission of the offence, and there being no
    continuing public interest we see no justification for allowing
    the matter to proceed further.”

    In the said decision, the Hon’ble Supreme Court of India held that the

    dispute between the parties had already been resolved through a full and

    final settlement. The settlement between the parties had taken place after the

    alleged commission of offence and there is no continuing public interest and

    thereby quashed the proceedings.

    4. (iv) In Vijay Kumar Kela and another vs. Central Bureau of

    Investigation and another reported in 2026 INSC 588, the Hon’ble

    Supreme Court of India held as follows:-

    “27. Further, having regard to the fact that the dispute
    between the parties arising out of banking transactions which
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    are commercial transactions having overwhelmingly or
    predominantly civil flavour had ended in a compromise
    settlement, that too, in the manner which we have delineated
    above, in our view, the possibility of conviction of appellant No.
    1 is remote and bleak. Therefore, continuation of the criminal
    case would cause grave prejudice and injustice to the
    appellants.

    28. There is one more reason why we say so. If the
    respondent-Bank is permitted to go ahead with the criminal
    prosecution initiated after settlement of the loan account before
    the DRT, it would adversely impact the sanctity of such
    settlement which has become part of the judicial proceeding
    and which had the approval of a judicial forum like the DRT. If
    such a conduct is overlooked and prosecution is allowed to
    continue, many persons including commercial entities would be
    hesitant to come forward and seek resolution of their disputes
    arising out of banking transactions which are after all
    commercial transactions, having predominantly elements of
    civil dispute(s). This in turn would have a debilitating effect on
    the overall economy, more so, when the focus is on settlement
    of commercial disputes. This is the larger picture we need to
    keep in mind.”

    In the above case, the dispute between the parties arose out of banking

    transactions which are commercial transactions and are predominantly civil

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    in nature and it ended in a compromise settlement. It was held that the

    possibility of conviction of the accused is remote and bleak and that the

    complainant/bank on one hand issued No Objection Certificate after settling

    the dues and on the other hand permitted to go ahead with the criminal

    prosecution. Therefore, the Hon’ble Supreme Court of India held that it

    would adversely impact the sanctity of such settlement which has become

    part of the judicial proceeding and which had the approval of a Judicial

    Forum like the Debt Recovery Tribunal (DRT). If such a conduct is

    overlooked and prosecution is allowed to continue, many persons including

    commercial entities would be hesitant to come forward and seek resolution

    for the disputes that are arising out of banking transactions.

    5. Mr.P.Raghunathan, learned counsel appearing for the

    2nd respondent/bank submits that in fact One-Time Settlement was accepted

    only for the reason that the granite quarry was closed and the petitioner

    could not carry on business due to ban on quarry and the quarry had been

    exploited to the maximum limit and the quarry land could not be put to any

    alternative use. Further, the claim made by the bank to the Export Credit

    Guarantee Corporation (ECGC), was also rejected because there was no

    actual export/import business. The petitioner was not having any business

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    activity. Hence, the Bank sanctioned a One-Time Settlement to receive the

    dues and the One-Time Settlement will not have any bearing whatsoever on

    criminal cases and proceedings.

    6. Heard the learned counsel appearing on either side and perused the

    materials available on record.

    7. On perusal of the counter affidavit filed by the respondent, it is

    revealed that though the petitioners were issued ‘No Dues Certificate’, the

    terms and conditions therein includes that the criminal case shall be

    continued. Therefore, the compromise is being considered by the Bank as a

    commercial decision and shall have no bearing what so ever on the ongoing

    criminal case being carried out by the respondent and the same shall proceed

    as per law. Further, the One-Time Settlement will have no binding on the

    criminality or forgery and submission of fabricated and forged documents to

    avail loan from the Bank. The accused had created documents only for the

    purpose of availing loan and with the fraudulent intention had conspired

    together and prepared forged and fabricated invoices and submitted to the

    Bank. Therefore, the One-Time Settlement will have no implication on the

    offences committed by the accused. Further, the accused have committed

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    non-compoundable offences including the offence under the Prevention of

    Corruption Act, 1988.

    8. The learned Special Public Prosecutor for CBI appearing for the

    1st respondent relied upon the following judgment:-

    8. (i) In Gian Singh vs. State of Punjab and another reported in

    (2012) 10 SCC 303, the Hon’ble Supreme Court of India held as follows:-

    “61. The position that emerges from the above
    discussion can be summarised thus: the power of the High
    Court in quashing a criminal proceeding or FIR or complaint
    in exercise of its inherent jurisdiction is distinct and different
    from the power given to a criminal court for compounding the
    offences under Section 320 of the Code. Inherent power is of
    wide plenitude with no statutory limitation but it has to be
    exercised in accord with the guideline engrafted in such power
    viz; (i) to secure the ends of justice or (ii) to prevent abuse of
    the process of any Court. In what cases power to quash the
    criminal proceeding or complaint or F.I.R may be exercised
    where the offender and victim have settled their dispute would
    depend on the facts and circumstances of each case and no
    category can be prescribed. However, before exercise of such
    power, the High Court must have due regard to the nature and
    gravity of the crime. Heinous and serious offences of mental
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    depravity or offences like murder, rape, dacoity, etc. cannot be
    fittingly quashed even though the victim or victim’s family and
    the offender have settled the dispute. Such offences are not
    private in nature and have serious impact on society. Similarly,
    any compromise between the victim and offender in relation to
    the offences under special statutes like Prevention of
    Corruption Act
    or the offences committed by public servants
    while working in that capacity etc; cannot provide for any basis
    for quashing criminal proceedings involving such offences. But
    the criminal cases having overwhelmingly and predominatingly
    civil flavour stand on different footing for the purposes of
    quashing, particularly the offences arising from commercial,
    financial, mercantile, civil, partnership or such like
    transactions or the offences arising out of matrimony relating
    to dowry, etc. or the family disputes where the wrong is
    basically private or personal in nature and the parties have
    resolved their entire dispute. In this category of cases, High
    Court may quash criminal proceedings if in its view, because of
    the compromise between the offender and victim, the possibility
    of conviction is remote and bleak and continuation of criminal
    case would put accused to great oppression and prejudice and
    extreme injustice would be caused to him by not quashing the
    criminal case despite full and complete settlement and
    compromise with the victim. In other words, the High Court
    must consider whether it would be unfair or contrary to the
    interest of justice to continue with the criminal proceeding or

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    continuation of the criminal proceeding would tantamount to
    abuse of process of law despite settlement and compromise
    between the victim and wrongdoer and whether to secure the
    ends of justice, it is appropriate that criminal case is put to an
    end and if the answer to the above question(s) is in affirmative,
    the High Court shall be well within its jurisdiction to quash the
    criminal proceeding.”

    Thus, it is clear that any compromise between the victim and the offender in

    relation to the offences under special statutes like the Prevention of

    Corruption Act, 1988 or the offences committed by Public Servants while

    working in that capacity etc., shall not be a basis for quashing the criminal

    proceedings. Further, heinous and serious offences of mental depravity such

    as murder, rape and dacoity etc., cannot appropriately be quashed though the

    victim or victim families have settled the same with the accused. Therefore,

    the inherent power as contemplated under Section 482 of the Criminal

    Procedure Code has to be exercised in accordance with guideline i.e., to

    secure ends of justice or to prevent abuse of process of any Court. At the

    same time, the offence committed as against the Society at large cannot be

    considered even if the parties entered into compromise since such offences

    have a serious impact on society. It was held by the Hon’ble Three Judges

    Bench of the Supreme Court of India.

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    9. The learned counsel appearing for the 2nd respondent/bank relied

    upon the following judgment:-

    9. (i) The Hon’ble Supreme Court of India in S.L.P.(Crl.).No.11108

    of 2022, dated 11.11.2025 in the case of Central Bureau of Investigation

    vs. M/s. Sarvodaya Highways Ltd and others held as follows:-

    “23. Having gone through the reasons assigned by the High
    Court, it is apparent that while quashing the proceedings on the
    basis of one-time settlement, the High Court failed to advert to the
    following vital facts of the case which were duly established during
    investigation.

    (i) That there was a specific finding in the chargesheet that the
    defaulter company through its directors had submitted
    fabricated documents and misrepresented to the Bank for the
    purpose of procuring the cash credit facility.

    (ii) That the appellant-CBI, on the basis of evidence collected
    during investigation, found that the offences of criminal
    conspiracy, fabrication of documents, and offences under the
    PC Act, were clearly made out.

    (iii) That sanction for prosecution had been duly issued against
    the then Bank Manager, Mr. Nishan Lal.

    (iv) That the amount of settlement under the one-time settlement
    did not cover the actual amount due to the Bank and that
    there was a deficit of more than 5 crores plus interest which
    was a direct loss to the public exchequer.

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    24. The High Court, while exercising jurisdiction under
    Section 482 CrPC, did not consider these vital facts and quashed the
    proceedings merely on the basis of the alleged one-time settlement.
    The blanket order quashing the chargesheet in its entirety would
    have the effect of terminating the prosecution against the Bank
    Manager as well, against whom prosecution sanction has been
    granted.

    25. There are plethora of judgments of this Court, some of
    which we have referred to above, which categorically hold that in
    cases involving economic offences, it is not merely the Bank that
    stands defrauded, but the society at large is also impacted.

    26. It can be said without a shadow of doubt that the one-
    time settlement would not fetch the entire amount to which the Bank
    was otherwise entitled, had the cash credit account been maintained
    regularly. The settlement was made at around Rs.41 crores whereas,
    admittedly, the liability was of Rs. 52 crores approximately. One-
    time settlements are, as a rule, effected under circumstances where
    the Bank under duress is compelled to accept lesser amount in order
    to secure the maximum possible recovery against the defaulting
    account.

    27. In this background, we feel that the High Court
    committed error apparent in the eyes of law by quashing the
    proceedings.

    28. In the case of Jaswant Singh (supra), the dispute
    involved was inter se between private parties and the prosecution
    had been initiated only for the offences punishable under Sections
    406
    and 420 of the IPC. This Court thought it fit to quash the
    proceedings considering the fact that the accused and the

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    complainant had settled all their disputes amicably and no useful
    purpose would be served by allowing the prosecution to continue.

    29. In the case of B.B. Aggarwal (supra), this Court upheld
    the order of the High Court quashing the proceedings against the
    accused on the ground that the civil suits filed by the Bank against
    the defaulter companies and their directors for recoveries of the
    outstanding dues, which were subsequently transferred to Debt
    Recovery Tribunal stood settled by entering into a one-time
    settlement.

    30. On going through the aforesaid judgments, we find that
    this Court did not consider the judgment in the case of Gian Singh
    (supra) which expressly prohibits quashing of proceedings of a
    criminal case on strength of a compromise where loss to public
    exchequer is evident and the offences under the PC Act, 1988 are
    applied.

    31. In the Case of Narendra Lal Jain (supra), the offences
    were under Sections 420 and 120B of the IPC. This Court held that
    Section 420 IPC was compoundable whereas Section 120B IPC was
    not. In this background, the Court was persuaded to quash the
    proceedings holding that allowing the criminal prosecution to
    continue would be nothing short of an exercise in futility.
    Additionally, in Narendra Lal Jain (supra), there was no indication
    about use of forged documents to procure the loan/advance facilities
    from the Bank.

    32. Furthermore, in none of these three cases did the Court
    observe that the amount of the one-time settlement did not cover the
    actual outstanding dues of the Bank.

    33. In this background, we are of the clear opinion that the

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    facts involved in the three precedents relied upon by learned counsel
    for the respondents are clearly distinguishable and the same have no
    application to the case at hand.

    34. Thus, we are of the opinion that the impugned judgment
    and order do not stand to scrutiny and deserves to be set aside. We,
    therefore, allow the appeal, set aside the impugned judgment and
    order and restore the proceedings arising out of the chargesheet
    dated 30th November, 2016 before the trial Court.”

    10. Therefore, in cases involving economic offences, it is not merely

    the Bank that stands defrauded, but the society at large is also impacted.

    Further, the One-Time Settlement would not fetch the entire amount to

    which the Bank was otherwise entitled, had the cash credit account being

    maintained regularly. The One-Time Settlement was effected under the

    circumstances where the Bank under duress is compelled to accept the lesser

    amount in order to secure the minimum possible recovery against the

    defaulting account. Therefore, there was a loss to the public exchequer.

    Hence, the Hon’ble Supreme Court of India declined to quash the entire

    proceedings on settlement of the loan amount under the One-Time

    Settlement Scheme.

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    11. The judgments relied upon by the petitioner were held by the

    Hon’ble Two Judges Bench of the Supreme Court of India. The case of Gian

    Singh vs. State of Punjab and another was held by the Hon’ble Three

    Judges Bench of the Supreme Court of India. Therefore, this Court is

    inclined to respectfully follow the Gian Singh case held by the Hon’ble

    Three Judges Bench of the Apex Court. Further, the judgments relied upon

    by the learned counsel for the petitioners are not applicable to the present

    case on hand.

    12. In the case of Gian Singh vs. State of Punjab and another, the

    Hon’ble Supreme Court of India held that the cases cited by the petitioner

    therein were quashed against the women, who were none other than the

    wives of the respective public servants, who were facing charges under the

    Prevention of Corruption Act, 1988. Further, it was held that the settlement

    of dues between the parties does not automatically warrant quashing of

    criminal proceedings and serious allegation involving fraud and criminal

    conspiracy are made out.

    13. On perusal of the records, it was further revealed that the Banker

    also approved the One-Time Settlement Scheme on condition that the

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    Crl.O.P.No.20604 of 2025

    settlement proposal given by the party relates only to the recovery

    proceedings of the Bank and shall not in any way affect the criminal action

    taken by the Bank which shall continue till its logical end. Further, the

    Reserve Bank of India also issued guideline with regard to compromise

    settlement entered in bank fraud cases, wherein it is provided that the Banks

    may enter into compromise settlement with wilful defaulters and fraudulent

    borrowers without prejudice to the criminal cases against the borrowers.

    14. Further, the Reserve Bank of India Master Directions on Frauds,

    dated 01.07.2016 revealed that no compromise settlement involving a

    fraudulent borrower is allowed unless the conditions stipulate that the

    criminal complaint will be continued. As per the Circular issued by the

    Reserve Bank of India, dated 08.06.2023 regulated Entities, may undertake

    compromise settlements or technical write-offs in respect of accounts

    categorised as wilful defaulters or fraudulent debtor without prejudice to the

    criminal proceeding underway against such debtors. That apart, already the

    trial had commenced and the prosecution had examined the witnesses.

    Therefore, this Court is not inclined to quash the entire proceedings since the

    accused had committed offence against the Society and had caused wilful

    loss to the complainant banks.

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    Crl.O.P.No.20604 of 2025

    15. Accordingly, the Criminal Original Petition is dismissed.

    Consequently, the connected criminal miscellaneous petition is closed.

    
    
    
    
                                                                                            08.07.2026
                         Index                  :Yes / No
                         Speaking order         :Yes / No
                         Neutral Citation       :Yes / No
                         dm
    
                         To
    
    

    1. The XI Additional City Civil and Sessions Court for CBI Cases,
    Chennai.

    2.The Inspector of Police,
    CBI, ACB, Shastri Bhavan,
    Nungambakkam, Chennai.

    3.The Chief Manager,
    Asset Recovery Management Branch,
    Canara Bank,
    770A, Anna Salai, Chennai – 600 002.

    4.The Public Prosecutor,
    High Court of Madras,
    Chennai.

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    Crl.O.P.No.20604 of 2025

    G.K. ILANTHIRAIYAN, J.

    dm

    Pre-delivery order made in
    Crl.O.P.No.20604 of 2025

    08.07.2026

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    https://www.mhc.tn.gov.in/judis



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