Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Government Can't Deny Implied Surrender After Refusing to Accept Possession: Madras HC Clarifies Scope of Section 111(f) of TP Act Custodial Interrogation Must Prevail Over Pre-Arrest Comfort in Hate Speech Cases: Punjab & Haryana High Court Denies Anticipatory Bail for Provocative Remarks Against Migrants Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Cruelty Must Be Grave and Proven – Mere Allegations of Disobedience or Demand for Separate Residence Don’t Justify Divorce: Jharkhand High Court Rejects Husband’s Divorce Appeal Retaliatory Prosecution Cannot Override Liberty: Himachal Pradesh High Court Grants Bail in PMLA Case Post CBI Trap of ED Officer Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal Findings of Fact Cannot Be Re-Appreciated in an Appeal Under Section 10F Companies Act: Madras High Court Equality Is Not A Mechanical Formula, But A Human Commitment: P&H High Court Grants Visually Impaired Mali Retrospective Promotions With Full Benefits Orissa High Court Rules Notice for No Confidence Motion Must Include Both Requisition and Resolution – Provision Held Mandatory Ashramam Built on Private Land, Managed by Family – Not a Public Religious Institution: Andhra Pradesh High Court Quashes Endowments Notification Cruelty Must Be Proved, Not Presumed: Gujarat High Court Acquits Deceased Husband In 498A Case After 22 Years Trade Dress Protection Goes Beyond Labels: Calcutta High Court Affirms Injunction Over Coconut Oil Packaging Mimicry Mere Filing of Income Tax Returns Does Not Exonerate the Accused: Madras High Court Refuses Discharge to Wife of Public Servant in ₹2 Crore DA Case

Supreme Court Addresses Trend of Malicious Criminal Proceedings Against Financial Institutions in Landmark Judgment

07 May 2024 8:19 AM

By: Admin


In a significant development, the Supreme Court of India has issued a noteworthy judgment addressing the disturbing trend of initiating malicious criminal proceedings against financial institutions and their officers. The verdict, delivered by Hon'ble Mr. Justice Krishna Murari and Hon'ble Mr. Justice Sanjay Kumar, aims to curb the misuse of the criminal process to obstruct debt recovery or coerce settlements.

The judgment, which pertains to Contempt Petition (Civil) No. 774 of 2023 in Criminal Appeal No. 463 of 2022, highlights the increasing practice of targeting lenders and financial institutions through mala fide criminal complaints. The court expressed its concern over the potential detrimental impact of bypassing statutory remedies and resorting to criminal law tactics.

The petitioner, Gagan Banga, alleged that the spate of such criminal proceedings aims to restrain financial institutions from pursuing recovery of their legally enforceable debts. Moreover, they seek to subvert the statutory regime of the SARFAESI Act (Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest). The court took cognizance of the petitioner's contention and observed that these actions could undermine the economic health of the nation.

The Supreme Court cited two previous judgments to support its stance. In the case of "Priyanka Srivastava vs. State of U.P." (2015) 6 SCC 287, the court had already highlighted the potential harm posed by resorting to criminal law to bring financial institutions to their knees. Additionally, the court referred to the case of "Vijay Kumar Ghai & Anr. vs. State of W.B. & Ors." (2022) 7 SCC 124, where it had quashed criminal proceedings in a purely civil financial dispute, emphasizing the abuse of law and forum shopping.

To address the concerns raised by the petitioner, the Supreme Court passed a series of significant directives. The court allowed the petitioners to approach the respective jurisdictional High Courts within two weeks to challenge the multiple FIRs (First Information Reports) and the ECIR (Enforcement Case Information Report) registered against them. The High Courts were urged to expedite the disposal of these petitions, ensuring a timeframe of no more than six months from their presentation.

The Supreme Court also instructed the Directors General of Police (DGPs) of the respective states to thoroughly examine the contentions of the petitioners regarding the contents of the FIRs. The DGPs were further directed to take appropriate measures within one month in accordance with the law.

The court maintained the interim order issued on April 28, 2023, in W.P. (Crl.) No. 166/2023, which stayed the proceedings in three of the mentioned FIRs. It provided interim protection to the petitioner financial institution and its officers, representatives, and managers. This protection extends to FIR No. 197/2023 and the ECIR, ensuring no coercive actions are taken against them until the High Courts dispose of the respective petitions. The court clarified that this protection is specific to the petitioner financial institution and its officials.

Emphasizing the importance of legal contentions, the Supreme Court preserved all available arguments to be raised before the High Courts. The High Courts were directed to decide the petitions strictly based on their merits and in accordance with the law.

The judgment concluded with the disposal of all the petitions, including the contempt petition and pending applications, by the Supreme Court.

This landmark judgment by the Supreme Court addresses the pressing issue of malicious criminal proceedings against financial institutions, aiming to protect their interests while safeguarding the integrity of the legal process.

Date of Decision: 4th July 2023

GAGAN BANGA    vs SAMIT MANDAL & ANR.

Latest Legal News