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RAKESH SAXENA versus STATE THROUGH C.B.I

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1987 AIR 740 1987 SCR (1) 173 1986 SCC Supl. 505 JT 1986 903

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RAKESH SAXENA V. STATE THROUGH C.B.I [1986] RD-SC 227 (7 November 1986)

MISRA RANGNATH MISRA RANGNATH BHAGWATI, P.N. (CJ)

CITATION: 1987 AIR 740 1987 SCR (1) 173 1986 SCC Supl. 505 JT 1986 903

CITATOR INFO :

RF 1992 SC1701 (37)

ACT:

Constitution of India, Article 136--Special Leave--Grant- ed-Charges quashed--Reasons--Offences committed more than six years ago by a trader in the lowest rung of hierarchy--ExtremelY doubtful whether trial would end in conviction.

HEADNOTE:

HELD: 1. The fact that the offences, if any, are alleged to have been committed more than six years ago and the appellant was merely a trader at the lowest rung of the hierarchy in the Foreign Exchange Division of the Bank and not a highly placed officer and the trial is bound to occupy the time of the' court of tint instance for not less than two or three years in view of the complicated nature of the case and even then, it is extremely doubtful whether it will at all result in conviction no useful purpose will he served by allowing the prosecutions to continue. [H-174A] However, if the Bank has any legitimate claim against the appellant, it will he open to the Bank to pursue any civil remedies which may be available to it. [174B]

CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Nos.

563-64 of 1986 From the Judgment and Order dated 30.9.85 in the High Court of Delhi at New Delhi in Crl. M. (M) Nos. 1105 & 1106 of 1985.

M.R. Sharma and Dalveer Bhandari for the Appellant.

The Judgment of the court was delivered by MISRA, J. Special leave granted.

We have carefully considered the various aspects of the case and we are of the view that having regard to the nature of the dispute and the fact that the offences, if any, are alleged to have been committed more than six years ago and the appellant was merely a trader at the 174 lowest rung of the hierarchy in the Foreign Exchange Divi- sion of the Bank and not a highly placed officer and the trial is bound to occupy the time of the court of first instance for not less that two or three years in view of the complicated nature of the case and even then, it is extreme- ly doubtful whether it will at all result in conviction, no useful purpose will be served by allowing the prosecutions to continue. Hence, we allow the appeals and quash the charges against the appellant. We may, however, make it clear that if the Bank has any legitimate claim against the appellant, it will be open to the Bank to pursue any civil remedies which may be available to it.

M.L.A. Appeals al- lowed.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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