NARAYANDAS S O GOPIKISAN SARDA Vs. INDIAN BANK

JUDGEMENT

(1.) THIS is an application filed under section 482 of the Criminal Procedure Code by the original accused No. 4, the present applicant Narayandas son of Gopikisan Sarda, Proprietor of M/s. Sarda Goods Transport, Bhandara Road, Bagadganj, Nagpur, for quashing the proceedings against him and others in Criminal Case No. 191 of 1978, pending on the file of the 7th Judicial Magistrate, First Class, Nagpur.

(2.) THE challenge to the aforesaid proceedings is mainly on two grounds. Firstly, according to the applicant Narayandas Sarda (original accused no. 4), there was no prima facie case against him and the order passed against him for issuing process under sections 467, 471, 407 read with section 34 of the Indian Penal Code, was an abuse of the process of law. The second and the most important challenge to these proceedings is on the ground that the proceedings in Criminal Case No. 191 of 1978 instituted in the year 1978 (the complaint having been filed on 13-2-1978 before C. J. M. who then transferred it to J. M. F. C. on 20-2-1978) have been pending since then at the stage of recording evidence before charge. Not a single witness was examined in that case before filing of this application. The applicant has a constitutional right to speedy trial as implied in Article 21 of the Constitution of India and the said right having been compromised so far for a period of nine years till this application was filed and even till today till the application is being decided, amounts to a gross abuse of the process of law and therefore, the entire proceedings deserve to be quashed to save the applicant and the other accused from further harassment. The learned Advocate Shri Gaikwad for non-applicant No. 2 has echoed the said feelings, while Shri Ghate for the complainant (non-applicant No. 1) has contended that quashing the proceedings in a serious case like this would not be conducive in the interest of justice and in the interest of society at large.

(3.) I have heard at length Shri Shukla for the applicant (original accused No. 4) Shri Ghate for non-applicant No. 1 Bank (original complainant), Shri Gaikwad for non-applicant No. 2 (original accussed No. 1) and Shri Patil for State.