TUSHARBHAI BHAGWANDAS JOGI Vs. ALPABEN

JUDGEMENT

(1.) Considering the controversy involved in the matter, with the consent of the learned advocates for the parties, the Criminal Revision Application No. 694 of 2023 is taken up for final hearing today along with Criminal Misc. Application (For Vacating Interim Relief) No. 2 of 2023.

(2.) Learned advocate Mr. Jagdish Vaniya for the applicants in Criminal Misc. Application (For Vacating Interim Relief) No. 2 of 2023 states that an order was already passed on 16/1/2023 in Criminal Revision Application No. 1072 of 2022 with Criminal Revision Application No. 1073 of 2022 and accordingly, after hearing both the parties, this Court felt no necessity to interfere with the impugned order therein.

(3.) Mr. Bhavin Raiyani for the applicant in Criminal Revision Application No. 694 of 2023, at the relevant time, during the course of arguments, had stated that Rs.8,41,000.00 was already paid and after having heard both the sides, this Court had kept it open to agitate the same before the concerned trial Court in the proceedings under Sec. 127 of the Criminal Procedure Code, 1973 (Code). Learned advocate Mr. Vaniya submitted that in spite of such a direction, the revisionist has suppressed the said fact and has again come back before this Court for the same relief.