HARINARAYAN G BAJAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation of Section 319 of the Code of Criminal Procedure (hereinafter called "Cr.P.C." for short) and, more particularly, Sub-section (4) thereof has fallen for consideration in this appeal.

(3.) The factual scenario: A complaint was filed against three accused persons, being respondent Nos. 2, 3 and 4 herein for offence under Section 406 read with Section 114 of the Indian Penal Code (for short 'IPC') in the Court of the Metropolitan Magistrate. We need not go into the facts stated in the said complaint in view of the narrow question which falls for consideration in this appeal. The Trial Court took the cognizance of the offences on 03.04.1998 and issued process against respondent Nos. 2 to 4. The Trial Court proceeded to examine the witnesses before framing the charge. Number of revisions including the discharge application were filed by the accused and the trial went on up to 15.09.2005 when the Bombay High Court expedited the trial. On 13.06.2006, the cross-examination of the first witness of the prosecution at the stage of evidence before charge was completed by the Advocate of the accused persons. This cross-examination ran into 115 pages. Since the matter could not be finished up to the date fixed by the Bombay High Court, it was extended up to 30.06.2006 for completion of trial. The time was further extended till December, 2006 and further up to 31.05.2007. In the meantime, the second witness was cross-examined which cross-examination consisted of 148 pages. Likewise, third witness of the prosecution was also examined on 11.05.2007. The Trial Court discharged Shri Pramod Banka and Smt. Rani V. Agrawal and framed charges against the third respondent herein. The time was again extended by the High Court till 31.12.2007. This was challenged by way of the revision by the appellant, which was allowed. The third respondent also filed a revision which was dismissed by the High Court and the High Court directed the Trial Court to frame charge against respondent No. 2 to 4 also under the provisions of Sections 403, 409 read with Section 34, IPC. Ultimately, the charges came to be framed against respondent Nos. 2 to 4 on 28.11.2007.