A.S.NEHRA,J - (1.) MEHAR Singh has filed this petition under Section 482, Criminal Procedure Code, 1973 (hereinafter called the Code) for quashing the criminal proceedings pending in the Court of Judicial Magistrate, Ist Class, Ambala.
(2.) PETITIONER was employed as Cashier in Rattan Nari Co-operative Agriculture Service Society. A case under Section 408 I.P.C. was registered against the petitioner in the police station Mullan vide F.I.R. No. 178 of 2nd of December, 1975 on the allegations that he had embezzled the funds of the society. The challan was presented on 22nd September, 1976 and thereafter the case was fixed for prosecution evidence. Petitioner has mentioned in para 4 of the petition that the prosecution took more than 16 years to lead evidence and ultimately closed its case on 10th December, 1973. He has further stated that the proceedings of this case were delayed for such a long time, for which the petitioner was not at all responsible in any way directly or indirectly. In para 5 of the petition, it has been mentioned that the petitioner is attending the trial Court on each and every date of hearing and only once, the bail bond of the petitioner was cancelled because some wrong date was noted and the petitioner could not be presented in the Court on the actual date of hearing. It is further mentioned that even then, after 10 days petitioner submitted fresh bail bond and that was the first and last incident when the petitioner could not attend the trial Court on the date fixed for hearing.
(3.) PETITIONER has further mentioned in para 6 of the petitioner that although a period of more than 18 years has elapsed, yet the case against the petitioner has not been decided so far and that this inordinate delay in disposal of this case cannot be attributed to the conduct and behaviour of the petitioner by any stretch of imagination. The petitioner has further submitted that the impugned F.I.R. and the resultant criminal proceedings initiated against the petitioner are liable to be quashed.;