Delhi District Court
Intec Capital vs R.N. Gupta] on 1 March, 2018
IN THE COURT OF SHRI AJAY KUMAR KUHAR
ADDL. SESSIONS JUDGE02 : SOUTH EAST DISTRICT :
SAKET COURT : NEW DELHI
Criminal Revision No. 643/17, 644/17, 645/17,
646/17, 648/17, 649/17 & 651/17
[ In CC No. 624483/16, 624482/16,
624486/16, 624481/16,624480/16, 624484/16
& 624485/16.
Intec Capital Vs R.N. Gupta]
1. Dr. R.N. Gupta Technical Educational Society,
Through its Chairman,
Shri Devendra Gupta,
107/9, Kishangarh, Vasant Kunj,
New Delhi 110070 . . . . Revisionists
2. Devendra Gupta
B1/28, 2nd Floor,
Malviya Nagar,
New Delhi110017
3. Minesh Gupta
B1/28, 2nd Floor,
Malviya Nagar,
New Delhi110017
Versus
Intec Capital Ltd.
Through its Authorized Representative,
CR No. 643/17, 644/17, 645/17,
646/17, 648/17, 649/17 & 651/17 Dr. R.N. Gupta Technical Educational Society & Ors. Vs Intec Capital Ltd.
Page No. 1 of 9
having office at
701, Manjusha Building,
57, Nehru Place,
New Delhi19.
. . . . Respondent
Date of Institution : 19.12.2017.
Date of Arguments : 24.02.2018.
Date of Order : 01.03.2018.
ORDER
1. By this order I shall dispose off the Criminal Revision petition under Section 397 Cr.P.C impugning the order dated 06.12.2017 whereby the Ld. MM has closed the Defence Evidence of the revisionist to examine any further defence witnesses. This is a common order in all the criminal revisions No. 643/17, 644/17, 645/17, 646/17, 648/17, 649/17 & 651/17 as the impugned order is same and the parties are same.
2. The respondent herein has filed criminal complaints u/s138 of the Negotiable Instrument Act against the revisionist which are being tried together. To decide the present revisiion petition I need not go into the merits of the allegations in the said complaint as a very small issue has been raised in the present revision petition. The revisionist was granted an opportunity to lead defence evidence by the revision court after the Ld. MM had closed the Defence Evidence vide order dated 26.07.2017. This CR No. 643/17, 644/17, 645/17, 646/17, 648/17, 649/17 & 651/17 Dr. R.N. Gupta Technical Educational Society & Ors. Vs Intec Capital Ltd.
Page No. 2 of 9order was challenged and the criminal revision petition no. 448/17 was disposed off while granting an opportunity to the revisionist herein to lead defence evidence in following terms: "Nevertheless, the interest of justice will be served if one opportunity is granted to the accused to tender the affidavit in defence and witness is cross examined by the complainant. I am informed that the matter is listed before the Ld. Trial Court on 06.12.2017 therefore, the revision petition is being allowed to the extent that the affidavit shall be tendered by the revisionist in evidence and the witness shall be produced for cross examination before the Ld. MM and no further opportunity shall be granted to the accused to lead defence evidence. If the revisionist failed to lead evidence on 06.12.2017 the defence evidence shall be deemed to be closed. "
3. These observations were made by the revisional court considering the fact that earlier also defence evidence of the revisionist was closed on 02.06.2016 which order was challenged by the revisionist and the revisional court allowed the revision granting opportunity to the revisionist to lead evidence with a condition that "revisionists shall not seek any adjournment in the matter till defence evidence is completed without any cogent and sufficient reasons."
CR No. 643/17, 644/17, 645/17, 646/17, 648/17, 649/17 & 651/17 Dr. R.N. Gupta Technical Educational Society & Ors. Vs Intec Capital Ltd.
Page No. 3 of 94. Despite this direction, the revisionist did not lead evidence on 20.03.2017 when the matter came up for hearing before the Ld. MM. The Ld. MM however, gave another opportunity to the revisionist to lead evidence on 26.07.2017. However, again the revisionist herein did not lead any evidence and sought adjournment on the ground that his counsel is busy in Hon'ble Supreme Court and closed the defence evidence.
5. In this background the revisional court in CR No. 448/17 allowed the revisionists to lead defence evidence but with the rider that only one opportunity shall be granted. The revisionist examined one DW and sought adjournment for examination of handwriting expert. The Ld. MM closed the right of the accused/revisionist to examine any defence witness by observing as under: "Ld. Counsel for accused submits that adjournment be granted for further DE as the handwriting expert who is DW2 was preoccupied. Perusal of record shows that revision was allowed while order dated 01.12.2017 and only one opportunity was to be given to the accused. It was further clarified that " if the revisionist fails to lead evidence on 06.12.2017 the defence evidence shall be deemed to be closed". Therefore, the right of the accused to further examine DWs is also closed. "
6. Being aggrieved of this order the revisionist has come to this court.
CR No. 643/17, 644/17, 645/17, 646/17, 648/17, 649/17 & 651/17 Dr. R.N. Gupta Technical Educational Society & Ors. Vs Intec Capital Ltd.
Page No. 4 of 97. I have heard the arguments of the Ld. Counsel for revisionists. The respondent has not filed any reply however, Ld. Counsel for respondent has also adduced arguments.
8. The Ld. Counsel for revisionist has argued that the revisional court has passed order on 01.12.2017 and the court has reserved the order. He submitted that 02.12.2017 and 03.12.2017 were holiday. On 03.12.2017 the order of the revisional court was not uploaded on the website. On 04.12.2017 an associate of the counsel enquired from the revisional court about the fate of his revision petition but he was not informed of the status of the criminal revision. On 05.12.2017, the counsel for revisionist went to revisional court and he was informed that the revision petition was disposed off on 01.12.2017. That on 05.12.2017 the revisional court was on leave and the reasoned order could not be known to the revisionist. The order was not uploaded on website.
9. From these submissions made in the revision petition, one fact can be inferred that the revisionist herein did not bother to enquire about the order passed on 01.12.2017. Whenever any order is reserved a particular date is always given to the parties for announcement of the order. The orders are not reserved without giving any further date. The revisionist should have been vigilant enough to enquire on 01.12.2017 itself about the fate of his revision petition. It may be that the order was not uploaded on the website on the same day because many a times orders are signed in the late evening CR No. 643/17, 644/17, 645/17, 646/17, 648/17, 649/17 & 651/17 Dr. R.N. Gupta Technical Educational Society & Ors. Vs Intec Capital Ltd.
Page No. 5 of 9however, this court is not convinced with the submission that the revisionist came to the court and he was not apprised about the fate of the revision petition. This submission in the revision petition on behalf of the petitioners cannot be accepted. The court is not convinced that the revisionist was not aware about the order passed on 01.12.2017.
10. No other ground has been taken in the revision petition to challenge the impugned order except that the revisionist was not aware about the order passed by the revisional court on 01.12.2017. The revisionist however, has not given any justified reason why the handwriting expert was not called on 06.12.2017.
11. The Ld. Counsel for the revisionist has submitted that the handwriting expert is to be examined to show that deed of guarantee and guarantors form do not bear the genuine signatures of accused no. 3 (i.e. revisionist no. 3 ). He submitted that examination of this witness is necessary for the defence taken by the revisionist in the trial.
12. The Counsel for respondents however, has taken the plea that the revision petition itself is not maintainable against the order dated 06.12.2017 it being an "Interlocutory order". He has referred to the judgment in Girish Kumar Suneja Vs CBI, AIR 2017 Supreme Court 3620. Apart from this he also submitted that umpteen opportunities have been taken by the revisionist and their only intention is to delay the trial. He submitted that the trial court record will be a witness to this submission.
CR No. 643/17, 644/17, 645/17, 646/17, 648/17, 649/17 & 651/17 Dr. R.N. Gupta Technical Educational Society & Ors. Vs Intec Capital Ltd.
Page No. 6 of 913. The Ld. Counsel for revisionist argued that revision is maintainable as the impugned order touches upon the important right of the revisionist to lead defence evidence. Therefore, it is not an "Interlocutory Order". He refers to the judgments in Amarnath Vs State of Haryana, (1977) 4 SCC 137, K.K. Patel Vs State of Gujarat, (2000) 6 SCC 195, Seturaman Vs Rajamanikam (2009) 5 SCC 153. He also relied upon Mohit Vs State of UP (2013) 7SCC 789 wherein the court observed that interlocutory order is not converse of final order and there can be order which fall in between the two. Further reliance was placed on State Vs Ravi Kant Sharma 2006 (89) DRJ 421 in which reference was made to an intermediate order to which bar of Section 397(2) Cr.P.C will not operate. Further reliance is placed on Nishu Wadhwa Vs Siddharth Wadhwa 2017 (236) DLT 612 wherein the Hon'ble Delhi High court has dealt with maintainability of the revision petition. Reliance is also placed upon Dilip Kumar Vs Sunita Mittal (2017) 239 DLT 84.
14. I have considered the judgments on which reliance have been placed by the respective counsels. The impugned order has the effect of closing the defence evidence of the accused/revisionist. Any objection raised to this order if upheld will not result in culminating the proceedings before the Ld. Magistrate. In the case of K.K. Patel Vs State of Gujarat (Supra) the Hon'ble Supreme court had observed that the feasibility test is whether by CR No. 643/17, 644/17, 645/17, 646/17, 648/17, 649/17 & 651/17 Dr. R.N. Gupta Technical Educational Society & Ors. Vs Intec Capital Ltd.
Page No. 7 of 9upholding the objections raised by a party if would result in culminating the proceedings, if so, any order passed on such objections would not be merely interlocutory in nature as envisaged in Section 397(2) of the Code. The Hon'ble Supreme Court in the case of Girish Kumar Suneja (Supra) has observed that an intermediate order is one which if passed in a certain way, the proceedings would terminate but if passed in another way, the proceedings would continue.
15. Therefore, in view of the observation of the Hon'ble Supreme court in Girish Kumar Suneja's case the impugned order would be merely an interlocutory order a revision against which is barred under Section 397(2) Cr.P.C. Even otherwise, the record of the trial court would reveal that the revisionists herein have been seeking repeated adjournments before the Ld. MM during the trial. The revisionist took 14 dates of hearing to just cross examine CW1 in which the cross examination was conducted only on 03 dates of hearing. The revisionist was granted opportunity to lead defence evidence on 13.01.2016, 10.02.2016, 16.03.2016, 27.04.2016, 02.06.2016, 20.03.2017 and 26.07.2017. The defence evidence of the revisionist has been closed twice by the Ld. Trial court but the revisionist was granted an opportunity to lead defence evidence by the revisionist court. Even that opportunity was not availed by the revisionist. The institution of the criminal complaints goes back to the year 2011 and therefore, the case fall in the category of old cases. In these circumstances, the trial court was CR No. 643/17, 644/17, 645/17, 646/17, 648/17, 649/17 & 651/17 Dr. R.N. Gupta Technical Educational Society & Ors. Vs Intec Capital Ltd.
Page No. 8 of 9bound by the order of the revisional court dated 01.12.2017. Thus, the revision petition can neither succeed on law nor on facts.
16. The revision petition stand dismissed accordingly. Copy of this order be placed on all the files and Trial court Record be sent back to the concerned court with the copy of this order for information.
17. Revision file be consigned to Record Room.
Announced in the open (AJAY KUMAR KUHAR)
court today i.e. 01.03.2018 Addl. Sessions Judge02
SouthEast, Saket Courts, New Delhi
CR No. 643/17, 644/17, 645/17,
646/17, 648/17, 649/17 & 651/17 Dr. R.N. Gupta Technical Educational Society & Ors. Vs Intec Capital Ltd.
Page No. 9 of 9