DESH BANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RATAN Chand Grover, Manager of Oriental Bank of Commerce, Ludhiana made a complaint which was recorded as FIR No. 195 dated 4.9.1984. It reads:-

(2.) PETITIONER Desh Bandhu seeks quashing of the first information report and the subsequent proceedings pending in the court of learned Judicial Magistrate at Ludhiana, asserting that petitioner was posted as Godown Keeper-cum-Cashier in a Branch of Oriental Bank of Commerce at Ludhiana. A charge was framed against him by the learned Judicial Magistrate, Ludhiana on 15.7.1985. The prosecution had cited 17 witnesses and after 11 years of trial only 8 witnesses have been examined while statement of ASI Bharat Ram has yet to be completed. Repeated opportunities have been given to the prosecution but without good results. The petitioner preferred a petition in this Court and it was directed that the case as such may be decided within a period of six months. It was directed on 2.11.1993.

(3.) IN the reply filed, there is no dispute raised about the facts that charge was framed in the year 1985 and also regarding direction having been issued by this Court in November, 1993 to complete the trial within six months. The State asserts that delay in completion of the trial is not due to the fault of the prosecution. This is on account of the fact that cash detail book which was in possession of the Ahlmad has not been produced and is not traceable. It is a material document. On that account different adjournments were granted. On certain occasions the lawyers were on strike.