ZHENITO SUMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Kakheto, learned counsel for the petitioner as well as Mrs.. Y. Longkumar and Ms. Lucy, learned Public Prosecutor for the respondent.

(2.) Criminal prosecutor has been launched against the petitioner vide G.R. No. 69/98, under Section 403 IPC consequent to the filing of FIR before the Officer-in-Charge at Zunheboto. Case was registered on 13.12.1998 though FIR is dated 3.9.1997. FIR states that the petitioner has taken Village Development Board loan of Rs.33,000/-. To make the story, it may be Stated that the fact that loan of Rs.33,000/- was taken by the petitioner is not denied. The case of the petitioner is that, he had returned the entire loan amount taken by him.

(3.) In the present petition, the petitioner is seeking a direction for quashing the criminal proceeding now pending before the learned Addl. Deputy Commissioner (Judicial), Zunheboto, firstly, on the ground that, in the present facts and circumstances, no criminal proceeding can be launched against the petitioner, and if at all there is any liability to be fixed upon the petitioner, such liability would be purely of civil nature. Secondly, it is also submitted that, though it is alleged that the matter came to light some time in 1994, the FIR in the present case was registered only in 1998 December. Nowhere the delay in submitting the FIR has been explained. Therefore, it is submitted by learned counsel for the petitioner that, even assuming that there is some element of criminal nature, delay in launching the prosecution would defeat the entire case.