Supreme Court - Daily Orders
Jagdishchandra Maneklal Shah vs Hemant Maneklal Shah &Amp Anr on 28 November, 2016
Bench: Jagdish Singh Khehar, Arun Mishra
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.1161 OF 2016
(Arising out of SLP(Crl.)No.2288 of 2014)
JAGDISHCHANDRA MANEKLAL SHAH .......APPELLANT
VERSUS
HEMANT MANEKLAL SHAH & ANR .......RESPONDENTS
O R D E R
1. Leave granted.
2. We have heard learned counsel for the rival parties.
3. During the course of hearing, it was not disputed, that respondent No.1 filed the complaint against the appellant on 26.04.1996. It is also not a matter of dispute, that the respondent – complainant was examined on 12.12.2011. Till the passing of the impugned order by the Magistrate dated 15.12.2012, the respondent – complainant had not depicted the list of witnesses, which he wished to examine, to substantiate the allegations contained in the complaint preferred by him. Furthermore, in his deposition recorded on 12.12.2011, he did not mention the witnesses he now desires to produce, to substantiate Signature Not Verified Digitally signed by the averments made in the complaint (dated 26.04.1996). SATISH KUMAR YADAV Date: 2016.11.29 17:52:23 TLT Reason:
4. As of now, more than 20 years have elapsed. We are of the view, that the Magistrate was fully justified in rejecting the 2 prayer made by the respondent – complainant to produce further witnesses.
5. For the reasons recorded hereinabove, we are of the view, that the impugned order passed by the High Court dated 20.01.2014 deserves to be set aside. The same is accordingly hereby set aside. The order passed by the Magistrate is accordingly restored.
6. The appeal is allowed in the above terms.
..........................J. (JAGDISH SINGH KHEHAR) ..........................J. (ARUN MISHRA) NEW DELHI;
NOVEMBER 28, 2016.
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ITEM NO.44 COURT NO.2 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).2288/2014 (Arising out of impugned final judgment and order dated 20/01/2014 in CRLMA No.11467/2013 passed by the High Court of Gujarat at Ahmedabad) JAGDISHCHANDRA MANEKLAL SHAH Petitioner(s) VERSUS HEMANT MANEKLAL SHAH & ANR Respondent(s) (With appln.(s) for exemption from filing O.T. and permission to file additional documents and office report) Date : 28/11/2016 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Ms. Aishwarya Bhati, Adv.
Mr.Jaideep Singh, Adv. Ms.Anshul Sharma, Adv. Ms.Heena Khan, Adv.
Mr.T.Gopal, Adv.
Mr.Dilip Nayak, Adv.
For Respondent(s) Mr. Nachiketa Joshi, Adv.
Mrs.Sucheta Joshi, Adv. Mr.Ritwiz Rishabh, Adv.
Ms. Hemantika Wahi, Adv.(NP) Upon hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in the above terms.
(SATISH KUMAR YADAV) (RENUKA SADANA)
AR-CUM-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)