LAWS(ALL)-1993-1-30

MANGAL PRASAD GUPTA Vs. STATE OF U P

Decided On January 06, 1993
MANGAL PRASAD GUPTA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) D. K. Trivedi, J. The present petition is under Section 482 Cr. P. C. for quashing of the proceedings in pursuance of the F. I. R. alleged to have been lodged in case crime No. 120/82, by P. S. Bhiti, District Faizabad as well as criminal Case No. 955/1985, State v. Mangal Prasad Gupta, pending in the Court of the A. C. M. J. Faizabad on the ground that no criminal offence is made out and further that for the last 14 years nothing has been done and therefore, the petitioner's right for speedy trial is violated.

(2.) THE petitioner was posted as Branch Manager of District Co-operative Bank, Bhiti, District Faizabad in 1981. It is said that there were four Co-operative Societies doing business and transaction with the Co- operative Bank Branch Bhiti. Initially, it is said that the petitioner in conspiracy with the secretaries of the societies withdrew the amount of Rs. 263980/- and dishonestly mis-appropriated the same. Now it is the case of the prosecution that the petitioner withdrew the amount showing the amount as loan granted to the societies but thereafter, made entries showing that the said loan has been realised on the same day. This mean the petitioner made only credit and debit entries in the register without any transaction. It is not disputed that no amount from the Co operative Bank has been withdrawn or mis- appropriated by the petitioner or anybody else. It is said that these entries were made by the Bank authorities in order to show their good work and nothing else but admittedly there is no misappropriation or wrongful loss to the Bank. It is the case of prosecution that the employees made the credit and debit entries in the register in order to get prize and nothing else. In these circumstances, it is said that no offence under Section 409 I. P. C. is made out. Initially, a report was lodged by one Krishna Gopal Sharma, Assistant District Co-operative Officer pointing out that the amount has been withdrawn from the Bank and the case was registered under Sections 409/420/467/468/201/218 I. P. C. and thereafter, the charge-sheet has also been submitted under Sections 420, 409, 468, 201 and 218 I. P. C. It is argued that the Court took cognizance for an offence under Section 409 I. P. C. only and the case was registered under Section 409 I. P. C. THE said fact is not disputed in the counter-affidavit. It is now well settled law that if the allegations made by the prosecution are taken at their face value and accepted in their entirety, do not constitute any offence then the criminal proceed ings initiated on the basis of the said allegations should be quashed. As pointed out above, it is the case of the prosecution that there is no intention to cause wrongful gain or wrongful loss, therefore, in my opinion, the contention of the petitioner's Counsel has substance that no offence at all is made out. It is not disputed that neither any amount has been withdrawn from the Bank nor any wrongful gain or loss has been caused to trie Bank. In these circumstances, it cannot be said that prima facie an offence under Section 409 I. P. C. is made out. THE allegations made by the prosecution do not show that the petitioner had acted dishonestly i. e. to say acted with an intention to cause wrongful gain or wrongful loss. It is further pointed out that the allegations do not constitute any offence of cheating nor they constitute any offence of forgery. No doubt, it is the case of the prosecution that a certain amount was shown to be withdrawn, on the basis of some false entries made in the registers of account to the Bank but it is also alleged that the said amount has further been shown to be credited in the account-book on the same day. As pointed out above, it is clear that the petitioner or other accused-persons had no intention what so ever to make any wrongful gain or loss to the Bank, therefore, in my opinion no case under Section 409 I. P. C. or in the other sections is made out. It is difficult to oversight the fact that the prosecution against the applicant is pending for almost 14 years. Apart form this the mental agony must have adversely affected in his service career. It may be pointed out here that even the charges have not been framed in this case and the case is still lying in the Court. In these circumstances, it is difficult rather impossible for a fair trial after such a long time lapsed. As pointed out above, there is no wrongful gain or loss, therefore, looking into facts and circumstances of the case, in my opinion, it would be sheer wastage of time and public-money apart from causing harassment to the petitioner if the proceedings are allowed to be continued. It is settled principle of law that the right of speedy trial is a fundamental right enshrined under Article 21 of the Constitution of India and, therefore, the delay in the conclusion of the trial without any fault of the accused amounts to violation of the fundamental right. Keeping in mind the above-mentioned preposition of law and facts, I also hold and this delay cannot be said to be fair, reasonable and just, therefore, the present petition under Section 482 Cr. P. C. for quashing proceedings in question, deserves to be allowed on this count also.