Public servant status of nationalised bank employees upheld; prosecution survived delay challenge where accused contributed to delay.

Employees of a nationalised bank were held to be public servants under Section 21 of the Indian Penal Code because such a bank is a corporation established by a Central Act and owned and controlled by the Central Government, making its employees amenable to Special Court trial. The Court also held that delay in trial did not justify quashing the prosecution where the delay was not attributable solely to the prosecution and the accused had substantially contributed to it. The High Court's order quashing the proceedings was therefore set aside and the criminal case was directed to continue before the trial court.

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Issues: (i) whether employees of a nationalised bank are public servants within the meaning of Section 21 of the Indian Penal Code; (ii) whether the prosecution was liable to be quashed on the ground of delay in trial.

Issue (i): whether employees of a nationalised bank are public servants within the meaning of Section 21 of the Indian Penal Code

Analysis: A nationalised bank is a corporation established by a Central Act and owned and controlled by the Central Government. Employees of such a corporation fall within the definition of public servant under Section 21, Twelfth, clause (b), of the Indian Penal Code. The contrary view taken by the High Court could not be sustained.

Conclusion: The respondent was a public servant within the meaning of Section 21 of the Indian Penal Code and was amenable to trial by the Special Court.

Issue (ii): whether the prosecution was liable to be quashed on the ground of delay in trial

Analysis: The delay was found not to be attributable solely to the prosecution, and the respondent had himself substantially contributed to it. In such circumstances, the right to speedy trial could not be invoked to defeat the prosecution or secure quashing of the proceedings.

Conclusion: The prosecution could not be quashed on the ground of delay.

Final Conclusion: The High Court's order quashing the prosecution was set aside and the criminal proceedings were directed to continue before the trial court.

Ratio Decidendi: Employees of a nationalised bank are public servants under Section 21 of the Indian Penal Code because a nationalised bank is a corporation established by a Central Act and controlled by the Central Government, and delay in trial does not justify quashing where the accused has substantially contributed to it.

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