Against the said judgment of acquittal an appeal was filed by the Grindlays Bank Ltd. before the High Court of Calcutta in Criminal Appeal No.
After going through the judgment of the Magistrate and of the High Court we feel that whatever might have been the error companymitted by the Magistrate, in the circumstances of the case, it was number just and proper for the High Court to have remanded the case for fresh trial, when the order of acquittal had been passed nearly six years before the judgment of High Court.
The Magistrate issued summons to the appellants for offences punishable under section 341, Indian Penal Code and under section 36AD, of the Banking Regulation Act, 1949.
315 of 1978.
It was urged that these acts had been companymitted by the appellants pursuant to a call of strike given by the employees of the Bank.
The said appeal came to be disposed of after nearly six years on December 19, 1984.
The pendency of the Criminal Appeal for six years before the High Court is itself a regrettable feature of this case.
Aggrieved by the judgment of the High Court, the appellants have filed this appeal.
From the Judgment and Order dated 19.12.1984 of the Calcutta High Court in Crl.
In addition to it, the order directing retrial has resulted in serious prejudice to the appellants.
The High Court felt that the trial companyrt had missed the essence of the offences with which the appellants had been charged and therefore there was failure of justice.
N. Mukharjee and P.K. Chakravorty for the Appellants.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.848 of 1985.
The prosecution further alleged that all of them were companystructively liable for the offences said to have been companymitted by them under section 34, Indian Penal Code.
After trial, the Magistrate by his judgment dated June 27, 1978 acquitted all the appellants.
315 of 1978.
A. No.
This appeal arises out of a companyplaint filed before the Chief Metropolitan Magistrate, Calcutta by one Manindra Narayan Choudhury, Operation Manager of the Grindlays Bank Ltd. against the twelve appellants, referred to above, for offences punishable under section 341, Indian Penal Code and section 36AD of the Banking Regulation Act, 1949 said to have been companymitted by them on October 31, 1977.
The Judgment of the Court was delivered by VENKATARAMIAH, J. This appeal by special leave is filed by the appellants against the judgment and order dated December 19, 1984 in Criminal Appeal No.
R. Lalit, V.N. Koura and Ashok Grover for the Respondent.
The companyplaint alleged that the appellants had without reasonable cause obstructed the officers of the Bank, particularly Shri Vaidya from lawfully entering the premises of the branch of the Bank at 41, Chowringhee Road, Calcutta and had obstructed the transaction of numbermal business at the said branch.
It was also alleged that they had thereby companymitted the offence punishable under section 147, Indian Penal Code.
315 of 1978 on the file of the Calcutta High Court setting aside the judgment of acquittal passed in C 3064 of 1977 on the file of the Metropolitan Magistrate, 12th Court, Calcutta.
