UNMASKING WHITE-COLLAR CRIMES! By Adv. Vikram Singh Brar

You work hard for your family day in and day out… right? And when your hard-earned savings in your bank account are being misappropriated by a handful of individuals who happen to be the directors of some influential firm and you have the bank officials involved in such crime, what exactly will be your reaction? Well, let me guess, you will most likely cry out:

It’s my money and how dare you misappropriate it?

This is exactly what the public had to say when the Director of a company named Sun Infra, in dishonest collaboration with the employees of SBI branch of Mumbai, had misappropriated public money and then had the audacity to even file a quashing petition before the Hon’ble Bombay High Court for quashing of an FIR registered by the police against them under the Prevention of Corruption Act, 1988 and the Indian Penal Code, 1860.  

The money’s gone, isn’t it? Well, I’ve got a surprise for you at the end… keep reading.

In such cases what usually happens is that because the company yields a certain level of influence over the public administration, there are certain deliberate loopholes left in the in commencement of criminal procedures, like a late registration of FIR for example, partial payment of the outstanding amount in order to show their bona-fide etc, which eventually comes to the aid of the company when it comes to filing of a quashing petition before the Hon’ble High Courts. You might wonder why? Police also gets its due share sometimes haha…. obedient soldiers!

Departmental inquiries against the inside men are also dropped with the help of HUSH HUSH MONEY and in the words of Ranchoddas "Rancho" Shyamaldas Chanchad, ALL IS WELL!

Just because you big money players have repaid a partial amount of money and let’s say even all of it, does it absolve you of your crimes??? NO SIR!

The Hon’ble Supreme Court Court in Gian Singh vs State of Punjab had observed that in cases where societal interest is involved, it is not prudent to quash the criminal proceedings or reduce the sentence.

Mere fact of repayment of diverted funds and consequent settlement would not dilute the criminal offenses committed.

Yes that’s right my friend this is exactly what the Hon’ble Supreme Court has recently noted in the case of “Anil Bhavarlal Jain and Anr. V/s The State of Maharatshtra and others” Special Leave Petition (Crl.) No. 10078 of 2023, wherein it has specifically pointed out that in economic offences where the financial and societal ramifications are extremely wide, quashing petitions ought not to be allowed, as the wrong is not merely private but affects the society at large.

We can all hope that such cases act as a deterrent in commission of such economic crimes but it’s quite unlikely as these big money firms often save their skin.