STATE OF GUJARAT Vs. SYPOI ALAMBHAI JAMALBHAI

JUDGEMENT

(1.) This appeal presents a very peculiar and paradoxical picture wherein though on one hand this Court anhesitatingly has reached a conclusion that the impugned judgment and order of acquittal per se is a case of Rushed-up acquittal and hence being patently unjudicial and illegal deserves an obvious order of remand and yet on the other hand having regard to the facts and circumstances of the case enlisted hereunder at this stage this Court has a feeling that it would not be expedient in the larger interest of justice to remand the case as the same will be more of a prosecution rather than the prosecution of the accused. However but for the only plus point in this appeal viz. that it has provided an opportunity to express a word or two of advice to the erring trial Court and so defaulting other Courts to conduct and manage themselves with some sense of responsibility while trying criminal cases whole exercise of hearing this appeal and delivering the judgment would have been an exercise in futility as the ultimate result of this appeal is going to be dropping the proceedings against the accused. With utmost respect to such defaulting Courts it has got to be stated that such Rushed-up acquittal in clear disregard of ordinary judicial prudence is a matter of grave concern to anybody. The High Court in its appellate jurisdiction would surely quash and set aside such manifestly unjust orders as and when it comes across the same (but at the same time) it requires to be red-signalled that the further accountability of the trial Court for such an unfortunate and irresponsible orders and consequential result thereto cannot come to an end thereby.

(2.) To start with this acquittal appeal arises out of a judgment and order dated 22/10/1980 rendered in Criminal Case No. 114 of 1979 passed by the learned J. M. F. C. Jasdan wherein Sypoi Alambhai Jamalbhai the respondent-accused herein who was charged for offence punishable under Sec. 408 I P.C. come to be discharged at the very threshold of the trial for the alleged non-prosecution.

(3.) In brief it is the prosecution case that in the year 1977 the accused who was serving as a Secretary of the Moti Lakhavad Seva Sahkari Mandali committed a temporary misappropriation of Rs. 5 339 an amount which he received from various members of the society towards repayment of loan on different dates. It was alleged by the prosecution that though the accused issued receipts towards the said recovery of loans he did not place corresponding entries regarding the same in Rojmel account maintained by the Society. As result one Mr. S. D. Joshi Assistant Co-operative Officer from the office of the District Registrars Co-operative Society Rajkot filed complaint against the accused before the P. S. I. Vichhia Police Station. After an investigation was over on 30/04/1979 the accused came to be chargesheeted to stand trial for the aforesaid offence.