The Supreme Court of India has quashed a criminal case against an HDFC Bank official, ruling that he was not the “authorised officer” during the auction sale in question. The case stemmed from an auction in Tamil Nadu where the property sold had previously been acquired by the Tamil Nadu Housing Board. The complainant alleged that the bank officials concealed this fact, leading to charges of cheating and forgery.​

The appellant, an Assistant Manager at the time, argued that only a Manager or higher-ranking officer was authorised to initiate proceedings under the SARFAESI Act. The Supreme Court agreed, noting that the appellant had no role in the auction process or the issuance of the sale certificate, as he assumed the managerial position only in November 2014. The Court emphasised that continuing criminal proceedings against him would constitute a miscarriage of justice .​

This decision underscores the importance of proper authorisation and the protection of individuals from unjust legal proceedings.​

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