OFFICIAL RECEIVER INDORE Vs. GURBAX SINGH

JUDGEMENT

(1.) This is an application under Art. 134 (1) (c) of the Constitution, read with Order 21, Rule 2, of the Supreme Court Rules, for grant of a certificate of fitness for appeal to the Supreme Court from the judgment, dated February 23, 1966, of a Division Bench consisting of Capoor and Grover Jj, in Criminal Revisions Nos. 355-D and 387-D of 1965. Today the learned counsel for the applicants has moved another application seeking same relief in the alternative under Article 133 of the Constitution.

(2.) There was a criminal case against respondent 2. H.K. Gupta alias Natwar Lal, for having cheated various persons, including respondent 1, Dr. Gurbax Singh, and having thus relieved them of considerable amounts of money. He was convicted in that case. After his conviction, respondent 1 applied for payment of Rs.1,17,000 out of the amount or amounts recovered from respondent 2. This application was under Section 517 of the Code of Criminal Procedure. It was rejected by the trial Court. Against the order of the trial Court, there was a revision application by Respondent No. 1 and also by applicant 1, Official Receiver, Indore. The Official Receiver came in because of respondent 2 having been adjudged an insolvent and he having been appointed to manage the estate of respondent 2 at the instance of the latter's creditors. Those revision applications were disposed of by the judgment of the learned Judges in regard to which certificate of fitness for leave to appeal to the Supreme Court is sought. The learned Judges in regard to which certificate of fitness for leave to appeal to the Supreme Court is sought. The learned Judges found it as a fact that a sum of Rs.1,17,000 belonging to respondent 1 had been obtained from him by cheating by respondent 2 and, as it has been found, so under Section 517 of the Code of Criminal Procedure the amount be restored to respondent 1 on condition that he will take out the amount only if he furnishes a bank guarantee to the satisfaction of the learned trial Judge for re-depositing it in the trial Court in the event of any orders of a competent court being made, a compliance with which may necessitate that court, (sic). So the revision application of respondent 1 was accepted. The revision application of applicant 1 was dismissed.

(3.) Obviously, the finding of the learned Judges that Rs. 1,17,000 were obtained by cheating from respondent 1 by respondent 2 and the amount has been traced is one of the fact and no occasion arises for grant of certificate of fitness for appeal to the Supreme Court against the judgment of the Division bench, for apparently no question of law is involved. It is this which has probably led to the learned counsel for the applicants to make the new application today under Article 133 of the Constitution.