Supreme CourtDivision Bench(2000) 04 SC CK 0032

Prudential Capital Mkt. Ltd. and Another vs State of Bihar and Others

Supreme Court Of India · Decided on 3 April 2000 · Citation: AIR 2000 SC 3668 : (2000) AIRSCW 4139 : (2000) 102 CompCas 442 : (2001) CriLJ 121 : (2000) 8 JT 502 : (2000) 9 SCC 539

HON’BLE JUDGES
U. C. Banerjee, J · G. B. Pattanaik, J
RESULT
Dismissed
CASE NUMBER
Petition (s) for S.L.P. (Criminal) No. 1722 of 2000

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Judgment

4 paragraphs · 191 words

G.B. Pattanaik, J.—Delay condoned.

2.

An order of cognizance taken by the Criminal Court under Sections 420, 120B I.P.C. as well as Section 138 of the Negotiable Instruments Act not having been quashed by the High Court on an application being moved u/s 482 Cr.P.C. the present application has been filed in this Court.

3.

We see no provision under the Reserve Bank of India Act which prohibits any criminal proceeding to be continued. The provision of Section 58(E) bars taking cognizance of offence committed under the said Act, namely, Reserve Bank of India Act. The power of Company Law Board u/s 45QA of the R.B.I. Act, as amended, does not in any way take away the power of the criminal court to continue with the criminal proceedings.

4.

In course of his arguments, the learned Counsel points out that several High Courts have stayed the criminal proceedings. We do not know under what circumstances, the High Courts have stayed the criminal proceedings, nor any provision has been shown to us. Be that as it may, we are not inclined to interfere with the impugned order. The SLP stands accordingly dismissed.