MUKUNDLAL MOHANLAL GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant seeking recall of the order passed by this Court in Criminal Revision Application No. 576 of 2014 on 30.07.2015. There is a chequered history of litigation. The judgment and order of conviction and sentence passed by the learned 11th Addl. Chief Judicial Magistrate, Vadodara, in Criminal Case No. 1817 of 1999 on 20.08.2014, when challenged before the learned 3rd Addl. District and Sessions Judge, Vadodara, in Criminal Appeal No. 36 of 2012, the learned Presiding Judge also confirmed the judgment and order of conviction and sentence passed in the proceedings under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act').

(2.) The aggrieved applicant had therefore approached this Court by filing Criminal Revision Application No. 576 of 2014 and this Court in exercise of revisional jurisdiction vide judgment and order dated 30.07.2015 upheld the judgment and order of conviction so also awarded compensation under section 357(3) of the Code of Criminal Procedure, 1973 (for short, 'the Code'). The operative order reads thus:

(3.) The applicant-original petitionerconvict is before this Court with a request to recall the order passed by this Court in Criminal Revision Application No. 576 of 2014, Dated 30.07.2015, on the ground that the applicant has already paid a sum of Rs. 90,000/- by way of a cheque bearing No. 101109, Dated: 05.12.2015, drawn on Abhyuday Cooperative Bank Ltd., Mandvi, Vadodara, which has been duly accepted by the legal heir of the original complainant. It is his say that the full and final amount against the claim of the complainant has been paid and no grievance survives of the complainant.