Harinarayan G Bajaj vs State Of Maharashtra & Ors

3. The factual scenario: A complaint was filed against three accused persons, being respondent Nos. 2, 3 and 4 herein for offence under Section 406 read with Section 114 of the Indian Penal Code (for 2 short `IPC') in the Court of the Metropolitan Magistrate. We need not go into the facts stated in the said complaint in view of the narrow question which falls for consideration in this appeal. The Trial Court took the cognizance of the offences on 03.04.1998 and issued process against respondent Nos. 2 to 4. The Trial Court proceeded to examine the witnesses before framing the charge. Number of revisions including the discharge application were filed by the accused and the trial went on up to 15.09.2005 when the Bombay High Court expedited the trial. On 13.06.2006, the cross-examination of the first witness of the prosecution at the stage of evidence before charge was completed by the Advocate of the accused persons. This cross-examination ran into 115 pages. Since the matter could not be finished up to the date fixed by the Bombay High Court, it was extended up to 30.06.2006 for completion of trial. The time was further extended till December, 2006 and further up to 31.05.2007. In the meantime, the second witness was cross-examined which cross-

examination consisted of 148 pages. Likewise, third witness of the prosecution was also examined on 11.05.2007. The Trial Court discharged Shri Pramod Banka and Smt. Rani V. Agrawal and framed charges against the third respondent herein. The time was again extended by the High Court till 31.12.2007. This was challenged by way of the revision by the appellant, which was allowed. The third respondent also filed a revision which was dismissed by the High Court and the High Court 3 directed the Trial Court to frame charge against respondent No. 2 to 4 also under the provisions of Sections 403, 409 read with Section 34, IPC.

Ultimately, the charges came to be framed against respondent Nos. 2 to 4 on 28.11.2007.

4. At this stage, on 15.12.2007, the appellant herein filed an application under Section 319 Cr.P.C. requesting to array respondent No.5 herein as a co-accused in the said proceedings. On 31.12.2007, this application was allowed and the summons was issued to the 5th respondent, Creative Garments Ltd. a company incorporated under the Companies Act through its Managing Director.

5. On 03.01.2008, the 5th respondent preferred an application to the Trial Court to commence the proceedings qua the 5th respondent from the stage of inquiry i.e. from the stage of Section 244, Cr.P.C. and to allow the cross-examination of the witnesses of the prosecution at the stage of evidence before charge. On 22.02.2008, this application came to be allowed. However, the Trial Court split the trial of respondent No.5 and the other respondent Nos. 2 to 4. Respondent Nos. 2 to 4 challenged the order dated 22.02.2008 splitting the trial. That order was quashed by the High Court by an order dated 31.03.2008. Further, an application came to be made by respondents on 15.04.2008 seeking the clarification of the High Court's order which clarification was given by the High Court on 4 23.04.2008 holding that the order was restricted only to the aspect of splitting of trial and not to any other matter.

6. The appellant also filed a criminal application on 30.04.2008 seeking the quashing of the order dated 22.02.2008 by which the Trial Court had ordered the de novo proceedings as against respondent No.5 from the stage of inquiry. Further, a direction was sought to straightaway frame charge against respondent No.5 for the same offence with which respondent Nos. 2 to 4 were charged. The High Court, however, rejected this application by the complainant (appellant herein) and held that there could be no dispute that the Court must commence de novo proceedings against respondent No. 5 and it further observed that mere delay which might be caused to the complaint would be of no consequence.

24. In view of what we have held, we find that the High Court's judgment confirming the Trial Court's judgment is correct and we see no reason to 1 interfere with the same. The appeal has no merits and is, therefore, dismissed.