DENA BANK Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) On the complaint of the Delhi Development Authority u/s. 29(2) read with Section 14 of the Delhi Development Act, accused no. 1 Dena Bank and accused no. 2 Shri C.V. Garg, the Branch Manager were prosecuted, convicted and sentenced to pay a fine of Rs. 1500.00 each by the order of Shri J.P. Sharma, Metropolitan Magistrate, Delhi, dated 7-7-1980. By the same order, in case of default of accused no. 2, he was further directed to undergo S.I. for three months and on default of payment of fine by accused no. I, warrants of attachment were directed to be issued against it. In appeal. the order of the Metropolitan Magistrate was maintained by Shri P.S. Sharma, Addl. Sessions Judge, Delhi, on 7-2-83.

(2.) In the present revision petition, the petitioners have not only challenged the correctness of the findings of the courts below but have also made a grievance of the dismissal of their application for adducing additional evidence, by the appellate court.

(3.) The first and the foremost contention of the learned counsel for the petitioner is that by way of filing the application for adducing additional evidence, their intention was to bring on record the documents, the genuineness and authenyticity of which was beyond impeachment. By these documents, the petitioners would have brought their case within the purview of proviso to Sec. 14 of the Delhi Development Act. The summarily dismissal of their application has resulted in miscarriage of justice and has prevented them to place the full material before the Court. The respondent has opposed the prayer by alleging that the intention of the petitioner in moving the application was to prolong the disposal of their appeal. Further more, even if the application is allowed, that will not have any material bearing on the conclusion of the courts below.