PETITIONER:
RAKESH SAXENA
Vs.
RESPONDENT:
STATE THROUGH C.B.I.
DATE OF JUDGMENT07/11/1986
BENCH:
MISRA RANGNATH
BENCH:
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]
JUDGMENT:
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.
175