Manipur High Court
Sandeep Bakshi & Anr vs Amarjit Koijam & 3 Ors on 25 September, 2025
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
58-61
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Cril Petn No.26 of 2024 with
MC (Cril Petn) No.21 of 2024
Sandeep Bakshi & Anr ... Petitioners
-Versus-
Amarjit Koijam & 3 Ors ... Respondents
BEFORE
HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA
25.09.2025
Present Mr.T.Momo, learned senior counsel along with
Mr.Biswajit Roy, learned senior counsel and Ms.Diana, learned counsel
for the petitioners and Mr.M.Rarry, learned senior counsel assisted by
Ms.Nikita, learned counsel for the respondent No.1. The other
respondents do not appear despite proper service.
By the present criminal petition under Section 482 of the
Code of Criminal Procedure 1972 the petitioner approached this Court
for setting aside/quashing the proceedings of Criminal (Complaint)
Case No.12 of 2023 pending before the learned Chief Judicial
Magistrate, Imphal East.
Respondent No.1 herein filed a criminal (Complaint) Case
No.12 of 2023 before the Court of learned CJM, Imphal East under
Sections 403, 406, 408, 409, 418, 420, 120B and 34 of the IPC, 1860
against the petitioners herein and respondent Nos.2, 3 and 4. The
petitioner No.1 is the Managing Director and CEO of the ICICI Bank,
Mumbai and petitioner No.2, Mr.Asem Robert is the Regional Head of
ICICI Bank, Manipur State, are accused Nos.1 and 2 and respondent
Nos.2, 3 and 4 are accused Nos.3, 4 and 5 in the criminal complaint
initiated by respondent herein.
The allegation in the complaint is that a sum of
Rs.16,50,000/- deposited by the petitioner in his ICICI Saving Bank
Account No.332901501197 at ICICI Bank, Mantripukhri Branch have
not been credited by the employees of the Bank. In the circumstance,
vide order dated 4.11.2023, learned Chief Judicial Magistrate, Imphal
East took cognizance of the accused persons herein.
It is submitted that during pendency of the present
petition, complainant and petitioner Nos.1 and 2, who are accused
Nos.1 and 2 have entered into a settlement dated 22.08.2025 finally
settling the dispute among the complainant and petitioners herein and
an amount of Rs.16,50,000/- has been credited in the ICICI Saving
Bank Account No.332901501197 of the complainant/respondent
herein.
Mr.T.Momo, learned senior counsel for the petitioners
submits that petitioner No.1 being the Head of the ICICI Bank, Mumbai
and petitioner No.2 being Regional Head, ICICI Bank, Manipur State,
have no direct involvement in the alleged offence/complaint of
respondent No.1 herein. Mr.Momo, learned senior counsel for the
petitioners relies on the three Judge Judgment of the Hon'ble Supreme
Court reported in Gian Singh Vs State of Punjab & Anr : (2012)
10 SCC 303 wherein it is held that, once dispute is settled between
the parties, criminal proceedings can be quashed and continuation of
criminal complaint where there is no possibility of conviction will be
abuse of process of law. The judgment of Gian Singh (supra) is relied
in the case of Narinder Singh & Ors Vs State of Punjab & Anr:
(2014) 6 SCC 466.
Mr.M.Rarry, learned senior counsel for the complainant,
respondent No.1 submits that settlement is with the petitioner No.1 and
petitioner No.2 alone to the effect that they are not actively involved
with the management of the ICICI Bank, at Mantripukhri Branch in
Manipur and settlement is confined to the petitioner Nos.1 and 2 and
complainant.
Considering the settlement between the parties after
crediting the amount with the repayment of the disputed amount of
Rs.16,50,000/- to the account of respondent No.1 herein, this Court is
of the opinion that the criminal proceeding against the petitioner Nos.1
and 2, who are accused Nos.1 and 2 in Cril (Complaint) Case No.12 of
2023 will be an abuse of process of law and such the same, which is
pending before the court of learned CJM, Imphal East is quashed qua
accused Nos.1 and 2.
This Court does not express any opinion on the merit of
the case apart from the settlement between the parties. Accordingly,
the Cril Petition is disposed of. Interim order, if any, merged with the
final order.
Registry is directed to forward copy of this order to Court
of learned CJM, Imphal East.
Cril Petn No.28 of 2024 with
Sandeep Bakshi & Anr ... Petitioners
-Versus-
Thokchom Leibakleima Devi &
Anr ... Respondents
Present Mr.T.Momo, learned senior counsel along with
Mr.Biswajit Roy, learned senior counsel and Ms.Diana, learned counsel
for the petitioners and Mr.M.Rarry, learned senior counsel assisted by
Ms.Nikita, learned counsel for the respondent No.1. None appear for
respondent Nos.2 and 3 despite proper service.
The petitioners approached this Court for quashing of
Criminal (Complaint) Case No.13 of 2023 pending before the Court of
learned Chief Judicial Magistrate, Imphal East.
Respondent No.1 herein filed a criminal (Complaint) Case
No.13 of 2023 against the petitioners, respondent Nos.2 and 3 under
Sections 403, 406, 408, 409, 418, 420, 120B and 34 of the IPC, 1860
for taking cognizance.
It is alleged that respondent No.1 took gold loan from the
ICICI Bank, Mantripukhri Branch amounting to Rs.4,65,000/- at the
interest rate of 11% per annum having a tenure of 12 months by
depositing gold ornaments weighing 163.00 (14 tolas approx.) However
at the time of transferring the loan account in the name of the
Respondent No.1's husband, noticed that some of the gold ornaments
were missing, which is stated to be recovered later on. In the
circumstance respondent No.1 filed complaint case before the learned
CJM, Imphal East. Vide order dated 6.7.2023 in Cril (Complaint) Case
No.13 of 2023 took cognizance against the present petitioner herein
who is accused No.1, Petitioner No.2, respondent No.2, respondent
No.2 accused No.3 and respondent No.3 accused No.4.
While the present petition preferred by the
accused/petitioner Nos.1 and 2 is pending, the complainant and
petitioners have arrived into a settlement on 6.6.2025.
Mr.T.Momo, learned senior counsel for the petitioners
submits that petitioner No.1 being the Head of the ICICI Bank, Mumbai
and petitioner No.2 being Regional Head, ICICI Bank, Manipur State,
Mantripukhri, have no direct involvement in the alleged
offence/complaint of respondent No.1 herein. Mr.Momo, learned senior
counsel for the petitioners relies on the three Judge Judgment of the
Hon'ble Supreme Court reported in Gian Singh Vs State of Punjab
& Anr : (2012) 10 SCC 303 wherein it is held that, once dispute is
settled between the parties, criminal proceedings can be quashed and
continuation of criminal complaint where there is no possibility of
conviction will be abuse of process of law. The judgment of Gian Singh
(supra) is relied in the case of Narinder Singh & Ors Vs State of
Punjab & Anr: (2014) 6 SCC 466.
Mr.M.Rarry, learned senior counsel for the complainant,
respondent No.1 submits that settlement is with the petitioner No.1 and
petitioner No.2 alone to the effect that they are not actively involved
with the management of the ICICI Bank, Mantripukhri Branch in
Manipur and settlement is confined to the petitioner Nos.1 and 2 and
complainant.
Considering the settlement between the parties after
returning the gold and compensation for some missing gold ornaments
to respondent No.1 herein, this Court is of the opinion that the criminal
proceeding against the petitioner Nos.1 and 2, who are accused Nos.1
and 2 in Cril (Complaint) Case No.13 of 2023 will be an abuse of process
of law and such the same, which is pending before the court of learned
CJM, Imphal East is quashed qua accused Nos.1 and 2.
This Court does not express any opinion on the merit of
the case apart from the settlement between the parties. Accordingly,
the Cril Petition is disposed of. Interim order, if any, merged with the
final order.
Registry is directed to forward copy of this order to Court
of learned CJM, Imphal East.
JUDGE
Priyojit
RAJKUMA Digitally signed
by RAJKUMAR
R PRIYOJIT PRIYOJIT SINGH
Date: 2025.09.26
SINGH 17:27:08 +05'30'
