Criminal Appeal Nos
563 64 of 1986 From the Judgment and Order dated 30985 in the High Court of Delhi at New Delhi in Crl
M M Nos
1105  1106 of 1985
MR Sharma and Dalveer Bhandari for the Appellant
The Judgment of the court was delivered by MISRA J
Special leave granted
We have carefully considered the various aspects of the case and we are of the view that having regard to the nature of the dispute and the fact that the offences if any are alleged to have been committed more than six years ago and the appellant was merely a trader at the 174 lowest rung of the hierarchy in the Foreign Exchange Divi sion of the Bank and not a highly placed officer and the trial is bound to occupy the time of the court of first instance for not less that two or three years in view of the complicated nature of the case and even then it is extreme ly doubtful whether it will at all result in conviction no useful purpose will be served by allowing the prosecutions to continue
Hence we allow the appeals and quash the charges against the appellant
We may however make it clear that if the Bank has any legitimate claim against the appellant it will be open to the Bank to pursue any civil remedies which may be available to it
MLA Appeals al lowed


Summary:
HELD 1
The fact that the offences if any are alleged to have been committed more than six years ago and the appellant was merely a trader at the lowest rung of the hierarchy in the Foreign Exchange Division of the Bank and not a highly placed officer and the trial is bound to occupy the time of the  court of tint instance for not less than two or three years in view of the complicated nature of the case and even then it is extremely doubtful whether it will at all result in conviction no useful purpose will he served by allowing the prosecutions to continue
H 174A However if the Bank has any legitimate claim against the appellant it will he open to the Bank to pursue any civil remedies which may be available to it
174B