This Miscellaneous Application has been filed by the applicant- Mukesh Maganlal Doshi, seeking clarification of the order dated 10.02.2020 passed by this Court in Criminal Appeal No 249 of 2020. Even though, an FIR dated 23.09.2020 was registered by the Police authorities qua business associates of the complainants and others for availing bank loan fraudulently, however, the CBI did not register any complaint in respect of the allegations of unauthorized sale of the units. However, in proceedings under PMLA against the business associates of the complainant, the applicant’s group has been wrongly roped in and thus a clarification is sought in the judgment and order dated 10.02.2020 passed in Criminal Appeal No 249 of 2020, wherein it was held that finding of the civil court makes substratum of the criminal complaint vanish against any person and the criminal proceedings qua him are liable to be quashed and it will be a complete abuse of process of law to allow such persons to be prosecuted. It is no doubt correct that the judgment and order dated 10.02.2020 passed by this Court in Criminal Appeal No 249 of 2020 has held that the findings recorded in the civil proceedings make substratum of a criminal complaint vanish and thus, any pending criminal proceedings against such persons are liable to be quashed and allowing prosecution in such a situation would amount to complete abuse of proceedings of law. We have no reason to doubt that the courts will not follow 5 the binding law declared by this Court in case it is found that the same is applicable to the facts of a particular case.
Also Read: https://newslaw.in/supreme-court/modification-of-final-order-for-placement-of-sale-proceeds/
Case Title: MUKUL AGRAWAL Vs. THE STATE OF UTTAR PRADESH (2023 INSC 437)
Case Number: MA-000531 / 2023
