SWARN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FIR No. 242/11 was lodged at Police Station, Gangapur, District Bhilwara under Section 407 IPC by the Branch Manager, State Bank of Bikaner & Jaipur, Branch Gangapur, District Bhilwara and in this FIR, criminal breach of trust in relation to 78 bilties was said to have been caused by the accused-persons named therein in the year 188. After investigation, the police submitted Final Report in the matter, but Addl. Chief Judicial Magistrate, Gangapur, District Bhilwara by its order dated 23.4.2005 had taken cognisance against accused-petitioners Swarn Singh and Jagdish Singh and also against the West Bengal Transport Complex Pvt. Ltd. as well as against Jai Ma Khatod Carriers.

(2.) Accused-petitioner Swarn Singh and Jagdish Singh have filed this petition under Section 482, Cr.P.C. in this Court to quash criminal proceedings against them in the matter because as per them, the case was purely a civil transaction in which the Debt Recovery Tribunal has also applied its mind and civil matter (application no. 223/16) was concluded on 2.17 by that Tribunal too.

(3.) I have heard both the parties. The learned Public Prosecutor has generally opposed the matter and the State Bank of Bikaner and Jaipur has not contested the matter at all. No doubt, criminal liability may co-exist with the civil liability, but in this matter, after perusal of the record of the court below and after going through the judgment of the civil application no. 223/16 of Debt Recovery Tribunal, Jaipur, this Court is of the firm view that the opinion given by the police while submitting the Final Report in the matter was fully justified and there was no occasion to convert the civil transaction into a case of criminal breach of trust. Otherwise also the incident relates to the year 188 and more than twenty five years have passed since then. Certainly it will be an abuse of process if the criminal trial is allowed to continue. No doubt, the Inherent powers under Section 482, Cr.P.C. to quash the proceedings is to be exercised sparingly with circumspection and only in the rarest of rare case to secure the ends of justice. In the State of Haryana and ors. v. Bhajan Lal and ors., 12 Supp.(1) SCC 335, some of the circumstances were enumerated by the Hon'ble Apex Court in which inherent powers of the Court under Section 482,Cr.P.C. may be exercised, which are as follows:-