G GOPALAKRISHNA PILLAI Vs. BANK OF BARODA

JUDGEMENT

(1.) The petitioner is the accused in a prosecution under Section 406 I.P.C. Proceedings have commenced as early as in 2002. The trial has not started yet. The amount involved is huge and the allegation relates to misappropriation and conversion of cashew nuts worth about Rs. 2.59 crores.

(2.) There was a suggestion that there is likelihood of a settlement and another bench of this court had indulgently granted time to the parties to settle the disputes before the commencement of the trial. The learned counsel for the petitioner submits that the settlement talks are even now on. They are at final stages. No compromise has been arrived yet.

(3.) When the matter came up for trial on 16.4.07, the petitioner was not ready for trial. He contended that his counsel, who was newly engaged, did not get sufficient time to go through the voluminous documents. The learned Magistrate indulgently granted the prayer for adjournment, subject to the condition that cost of Rs.500/- must be paid to CW2, who was present in court. The matter was adjourned to 23.4.2007. According to the petitioner, the time granted was not sufficient. The learned Magistrate has not realistically taken note of the voluminous documents which the petitioner's counsel has to go through to prepare for the trial.