Code of Criminal Procedure, 1973: s.239 - Discharge - Accused persons charged for defrauding the bank, falsification of account and forgery of records - Charges also framed - Meanwhile some settlement arrived at in the debt recovery suit before Tribunal - Payment made by accused in terms of settlement-Application for discharge by accused Held: Trial Court rightly dismissed application for discharge - Settlement with the creditor would not exonerate the accused from prima facie charge in a criminal case - While considering application for discharge u/s. 239, it is for trial court to go into details of allegations made against each of accused persons to form opinion as to whether any case was made out- The High Court, in exercise of its jurisdiction under s. 482 and Supreme Court, in terms of Article 142 of Constitution would not direct quashing of case involving crime against the society particularly when both the courts below found that a prima facie case was made out against the accused for framing charge - Constitution of India, 1950 - F Article 142 - Penal Code, 1860 - ss. 120-8, 420, 468, 471 - Evidence Act, 1872 - s.43 - Compromise/Settlement. 

Prosecution case was that appellant, her husband and some Officers of Creditor bank were prosecuted for commission of offences under ss.120-Bl4201468 and 471 IPC. A charge sheet was filed against the appellant and seven others. Appellant was charged for taking the benefit of overdrafts. For realization of said amount, Bank filed application for recovery before DR Tribunal. Before the tribunal, appellant and the Bank entered into a settlement pursuant whereto Rs. 25.51 lacs was paid. CBI returned the title deeds in respect of the property which were kept as security for obtaining the loan from the Bank.

Appellant filed an application under s.239 CrPC for discharge on the ground that as the matter was settled with the Bank, proceedings against her should be dropped. The Special Judge dismissed the application holding that mere repayment would not exonerate the accused from the prima facie charge in a criminal case. High Court dismissed revision petition filed by appellant. Hence the appeal.