UJAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was working as a Cashier of the Kairpur Jattan Co -operative Agriculture Service Society in the year 1973. A case under Sections 406 and 408 of the Indian Penal Code was registered against him at Police Station Rajpura vide FIR No. 126 on 2nd of May, 1976. Challan was put in the Court after about four years of the registration of the case, i.e. on 14th March, 1980. The petitioner was charged under Section 408, Indian Penal Code, on 20th March, 1980. Perusal of the charge -sheet shows that the embezzlement took place in the year 1973. It is against the charge under Section 408, Indian Penal Code, that the present petition has been filed.

(2.) MR . Chaudhary, learned counsel for the petitioner canvassed that offence under Section 408, Indian Penal Code, is not made out. Section 408 reads as under : -

(3.) IT was next argued that the proceedings pending for so many years amount to abuse of the process. It is true that the case was registered against the petitioner in the year 1976 and the challan was put up after about 4 years and the charge was framed on 20th March, 1980 and since then the case has been adjourned for 22 times and no evidence is produced by the prosecution. In this view of the matter, I hold that the proceeding clearly amount to an abuse of the process and the same cannot be sustained.