Rakesh Saxena Vs. State Through C.B.I
[1986] INSC 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--Granted-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 Division 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 extremely 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 allowed.
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