RAKESH SAXENA
A
v.
-..:
STATE THROUGH C.B.I.
NOVEMBER 7, 1986
[P.N. BHAGWATI, C.J. AND. RANGANATH MISRA, J.]
B
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.
T'·
HELD: I. The fact that the offences, if any, are alleged to have C
been committed more than six years ago .and the appellant was merely a
trader at the lowest ning 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 than
two or three years in view of the complicated nature of the ca8e and even
D
then, it is extremely doubtful whether it will at all result in conviction
.r-
no useful purpose will be sened by allowing the· proseclitions to
continue. [U-174A]
However, if the Bank has any legitimate claim against the appel- .
lant, it will be open to the Bank to pursue any civil remedies which may
E
be available to it. [174B]
CRIMINAL APPELLATE JURISDICTION: Cnininal 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. ll05 & 1106 of 1985.
M. R. Shanna and Dalveer Bhandari for the Appellant.
The Judgment of the court was delivered by
1
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
F
G
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 · H
173
174
SUPREME COURT REPORTS
(1987] I S.C.R.
A
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.
B
Hence, we allow the appeals and quash the charges against the appel-
lant. We may, however, make it clear that if the Bank has any legiti-
mate 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.
c
(
A
Lex