Supreme Court - Daily Orders
Ganesh Patel vs Umakant Rajoria on 7 March, 2022
Bench: Sanjiv Khanna, Bela M. Trivedi
SLP(Crl.) No(s). 9313/2021
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
S.L.P. (CRL.) NO. 9313 OF 2021
GANESH PATEL Petitioner
VERSUS
UMAKANT RAJORIA Respondent
O R D E R
We do not find any good ground or reason to interfere with the impugned order. In fact, we must observe that the petitioner has concealed in the petition for special leave to appeal that the alleged compromise deed dated 18.04.2016 has been disputed and denied by the respondent.
The compromise deed was also relied upon by the petitioner before the High Court in CRR NO. 3100/ 2015, which was dismissed vide order dated 18.02.2016. This order specifically records that on two previous dates, viz., 07.12.2015 and 14.01.2016, the appellant was directed to surrender before the trial court, but he had not done so.
The order dated 18.02.2016 was challenged before this court in Crl.M.P. No. 20184 of 2016, which was dismissed Signature Not Verified vide order dated 25.04.2017, as the appellant had not Digitally signed by Anita Malhotra Date: 2022.03.11 18:30:24 IST complied with the direction to surrender and file proof Reason: within four weeks. The prayer for exemption from 1 SLP(Crl.) No(s). 9313/2021 surrendering was rejected.
The petitioner, had filed a criminal appeal along with an application for condonation of delay under section 5 of the Limitation Act, 1963, before the Sessions Court, Sagar. This application was dismissed vide order dated 23.09.2015. Resultantly, the criminal appeal was dismissed. The petitioner filed another appeal and section 5 application for condonation of delay before the IInd ASJ, Sagar, which was dismissed vide order dated 30.03.2016.
Undeterred by the aforesaid orders, the petitioner filed Miscellaneous Criminal Case No. 6576 of 2017 before the High Court contending that there has been a compromise between him and the respondent. This petition under section 482 of the Code of Criminal Procedure, 1973, was allowed ex parte vide judgment dated 13.10.2017.
The respondent thereupon preferred an application for recall of the order dated 13.10.2017. The aforesaid order, it was stated, was passed in the absence of the respondent, and based on false information. The High Court recalled the order dated 13.10.2017 vide the impugned order dated 23.10.2021.
This application for recall of the order was maintainable as it was an application seeking a procedural review, and 2 SLP(Crl.) No(s). 9313/2021 not a substantive review to which Section 362 of the Code of Criminal Procedure, 1973, would be attracted.1 On the aspect of the difference between recall and review and when an order of recall can be passed reference can be made to Budhia Swain and Others v. Gopinath Deb and Others.2 The High Court was therefore right in recalling the order and listing MCRC No. 6576/2017 for hearing and decision on merits.
Rs. 25,000/- (Rupees Twenty Five Thousand Only) deposited by the petitioner in terms of the order dated 10.12.2021 would be paid to the respondent.
For the reasons stated above, the petition seeking special leave to appeal is dismissed and the interim order passed by us on 11th February, 2022 will no longer operate.
All pending applications stand disposed of.
. . . . . . . . . . . . . J.
(SANJIV KHANNA) . . . . . . . . . . . . . J.
(BELA M. TRIVEDI) NEW DELHI;
MARCH 07, 2022 1 Grindlays Bank Ltd. v. Central Government Industrial Tribunal & Ors. 1980 (supp) SCC 420 2 (1999) 4 SCC 396 3 SLP(Crl.) No(s). 9313/2021 ITEM NO.27 Court 16 (Video Conferencing) SECTION IIA 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). 9313/2021 (Arising out of impugned final judgment and order dated 23-10-2021 in MCRC No. 5341/2018 passed by the High Court of M.P Principal Seat at Jabalpur) GANESH PATEL Petitioner(s) VERSUS UMAKANT RAJORIA Respondent(s) (FOR ADMISSION and I.R. and IA No.156962/2021-EXEMPTION FROM FILING O.T. and IA No.156968/2021-EXEMPTION FROM FILING AFFIDAVIT IA No. 156968/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 156962/2021 - EXEMPTION FROM FILING O.T.) Date : 07-03-2022 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Prashant Shukla, Adv.
Anushree Shukla, Adv.
Mr. Mayank Goutam, Adv.
Mr. Ashu Bhindwar, Adv.
Mr. Divyesh Pratap Singh, AOR For Respondent(s) Mr. Varinder Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R The petition seeking special leave to appeal is dismissed in terms of the Signed Order.
All pending applications stand disposed of.
(SONIA BHASIN) (DIPTI KHURANA)
COURT MASTER (SH) COURT MASTER (NSH)
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SLP(Crl.) No(s). 9313/2021
[Signed Order is placed on the file]
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