PARAL HASMUKH SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicants has come before this Court with a prayer to recall the order dtd. 31/7/2020 and to restore the original petition on its original status. On 31/7/2020, this Court in Criminal Misc. Application No.10491 of 2020 had examined the settlement of the complainant and had observed as under:

(2.) The said order is prayed to be recalled on the ground that after the lodging of the FIR, it is stated that the accused approached the applicant for settlement by way of returning the amount, which was wrongly transferred and later withdrawn by them. Applicant keeping trust on them had agreed to amicably settle and therefore it is stated that the accused approached this Court by way of a Criminal Application No.10491 of 2020 and gave assurance that the amount will be given back to the applicant, hence the applicant in good faith filed the affidavit stating that the issue is mutually settled and also recorded the settlement before this Court and has stated that after perusing affidavit and recording the settlement, the FIR came to be quashed by order dtd. 31/7/2020.

(3.) Thus, to the contentions and averments raised by the applicant, the order dtd. 31/7/2020 was passed only after recording his statement and verification of this Court of the mutual settlement between the parties. Now the applicant has come up saying that in spite of several requests to the accused they have not returned the amount to the applicant and on that ground has prayed for recalling the order.