Gujarat High Court

Settlement of commercial dues with No Due Certificate warrants quashing of criminal proceedings for cheating and forgery.

PRIYANK QUARRY WORKS PRIVATE LIMITED vs STATE OF GUJARAT

Gujarat High CourtJUDGMENT: July 06, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners sought the quashing of a criminal complaint (M. Case No. 7 of 2002/Criminal Case No. 56 of 2003) filed by a bank alleging offences under IPC Sections 406, 420, 467, 468, 471, and 120(b).

Source reference: p. 1-2

The bank alleged that the company directors obtained a loan of Rs. 60,00,000/- by suppressing prior encumbrances and forging documents, leaving an unpaid balance of Rs. 42,00,000/-.

Source reference: p. 2

During the pendency of the proceedings, two accused directors expired.

Source reference: p. 2

The petitioners contended that the default occurred due to recession in 2002 and that they subsequently entered into a settlement in 2003.

Source reference: p. 3

The bank issued a "no due certificate" on January 3, 2008, after realizing all settlement amounts through cheques.

Source reference: p. 3-4
02

Issues

Whether the criminal proceedings against the petitioners should be quashed under Section 482 of the CrPC given that the underlying commercial dispute was amicably resolved and the dues were settled.

Source reference: p. 4
03

Law Applied

Inherent powers of the High Court to quash proceedings to prevent the abuse of the process of law.

Source reference: p. 4-5

Principle that where a dispute is predominantly commercial/civil in nature and the parties have reached a settlement, continuing criminal prosecution serves no meaningful purpose.

Source reference: p. 4-5

Procedural framework for investigation under Section 156(3) of the Criminal Procedure Code.

Source reference: p. 2

Substantive allegations under Indian Penal Code sections for criminal breach of trust (406), cheating (420), forgery (467, 468, 471), and criminal conspiracy (120(b)).

Source reference: p. 2
04

Reasoning

The Court observed that the dispute originated from a commercial loan transaction which the petitioners had since resolved by paying the settlement amount via cheques in late 2003.

Source reference: p. 4

Evidence showed that the bank issued "no due certificates" recording satisfaction of the debt.

Source reference: p. 4

The Court noted that despite being served notice twice (in 2023 and 2025), the respondent bank did not appear to contest the petition, suggesting a lack of interest in further prosecution.

Source reference: p. 4

The Court reasoned that since the parties had amicably settled and the financial injury was rectified, the "bona fide" of the accused was established and any further trial would be an exercise in futility and a waste of judicial time.

Source reference: p. 4-5
05

Holding

The Court held that the settlement of outstanding dues rendered the continuation of criminal proceedings unjustified.

The Court allowed the petition and quashed the Criminal Complaint (M. Case No. 7 of 2002) and the consequential Criminal Case No. 56 of 2003 pending before the Metropolitan Magistrate.

Source reference: p. 5

The Court granted the bank liberty to revive the petition if the authenticity of the "no due certificate" was ever disputed and Rule was made absolute.

Source reference: p. 5
Gujarat High Court

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PRIYANK QUARRY WORKS PRIVATE LIMITEDvsSTATE OF GUJARAT

Gujarat High Court · July 06, 2026

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