NCLT Kochi: Liability of Personal Guarantor Cannot Exceed Contractual Limit  ||  NCLT Ahmedabad: Must Determine Related Party Status When Insolvency Proceedings Commence  ||  Ker. HC: 'Immediate Official Superior' under NDPS Act must be Interpreted in Relation to the Context  ||  J&K HC: In Cases Involving Narco-Terror Links, Cannot Grant Bail Merely Due to Delay in Trial  ||  J&K HC: Civil Courts Can Hear Waqf Disputes if Waqf Tribunal Does Not Exist  ||  J&K HC: Can’t Invoke Principle of ‘No Work, No Pay’ When Termination is Illegal  ||  Rajasthan HC: Should Not Penalize Party Due to Negligence of Legal Counsel  ||  Delhi High Court Passes John Doe Order Restraining Infringement of ‘Tata’ Trademarks  ||  Delhi HC: Dealing in Crypto Currency Has Profound Implications on Economy of the Country  ||  SC: If Citizens Want to Enjoy Fundamental Right it Should be With Reasonable Restrictions    

State v. R. Vasanthi Stanley and Ors. - (Supreme Court) (15 Sep 2015)

Gender of accused to not be basis for determination of serious economic offences

MANU/SC/1028/2015

Criminal

An order of the High Court accepting submissions of the accused that she owed no dues to the complainant banks and further proceedings would be futile was set aside by the Supreme Court. Noting the seriousness of the offences – submitting forged documents to various banks to avail of loans – the Court rejected the claim of the Respondent, a former Assistant Commissioner of Income Tax and Member of Rajya Sabha, that she was unaware of her late husband’s business activities and had signed the documents (making her co-applicant and guarantor) without intention to cheat the banks. Holding that lack of awareness, knowledge or intent was neither considered nor accepted in economic offences, the Court reiterated that an accused could not seek discharge or acquittal on ground of her gender as that was not a constitutionally or statutorily valid argument.

Relevant : Inder Mohan Goswami v. State of Uttaranchal MANU/SC/7999/2007 CBI, ACB, Mumbai v. Narendra Lal Jain and Ors. MANU/SC/0162/2014 State of Maharashtra through CBI v. Vikram Anantrai Doshi and Ors. MANU/SC/0842/2014

Tags : FORGED DOCUMENTS   LOAN   WOMAN   SETTLED DUES  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved