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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-

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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