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1988 (3) TMI 165 - SUPREME COURTProsecution of Managing Director [Respondent No. 2] - Held that:- Once the order of the High Court is vacated the order of the learned Magistrate would revive and the prosecution as directed by the learned Magistrate has now to continue. The petition of the complainant shows that the offence was committed between 1967 and 1969 which is some 20 years back. While we have no sympathy for the Respondent No. 2 and we are clearly of the opinion that he has no equity in his favour and the delay after the complaint had been filed has been mostly on account of his mala fide move, we do not think it would be in the interest of justice to allow a prosecution to start 20 years after the offence has been committed. If we could convict the Respondent No. 2 in accordance with law, we would have been prepared to do so taking the facts of the case and conduct of the respondent into consideration but that would not be possible within the framework of the law of procedure. We, therefore, do not propose to allow the learned Magistrate to proceed with the trial of the case at this belated stage. We accordingly direct the case to be closed against Respondent No. 2 without further delay
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