SUSHIL SURI versus C.B.I & ANR.

SUSHIL SURI versus C.B.I & ANR.

Repayment of bank dues does not absolve accused of criminal liability for offences under IPC, where facts indicate criminal conspiracy, forgery, and fraud. The High Court rightly declined to quash the chargesheet, and the trial court must proceed with the case.

Parties
Appellant: Sushil Suri; Respondent: Central Bureau of Investigation; Accused (director): Morpen Laboratories Ltd.
Jurisdiction
India
Judgment Date
06 May 2011
Procedural Posture
Criminal Appeal / Appeal Against Delhi High Court Order Declining to Quash Chargesheet
Outcome
Appeal dismissed
Legal Topics
Inherent Powers of High Court, Quashing Chargesheet, Forgery, Criminal Conspiracy
Criminal Law Inherent Powers of High Court Quashing Chargesheet Forgery Criminal Conspiracy

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Parties

Sushil Suri

Appellant

Central Bureau of Investigation

Respondent

Morpen Laboratories Ltd.

Accused (director)

Procedural Posture

Criminal Appeal / Appeal Against Delhi High Court Order Declining to Quash Chargesheet

Legal Issues

  1. 1 Whether the High Court was correct in declining to exercise its jurisdiction under Section 482 CrPC to quash the chargesheet against the appellant
  2. 2 Whether repayment of bank dues absolves criminal liability for offences committed

Ratio Decidendi

Repayment of bank dues does not absolve accused of criminal liability for offences under IPC, where facts indicate criminal conspiracy, forgery, and fraud. The High Court rightly declined to quash the chargesheet, and the trial court must proceed with the case.

Court Disposition

Appeal dismissed

Orders

  • Trial Court directed to proceed with the case expeditiously without being influenced by observations made by the High Court or Supreme Court on the merits of the chargesheet.