LAWS(MPH)-2015-8-5

OMPRAKASH AGRAWAL Vs. HEMENDRA AND ORS.

Decided On August 07, 2015
OMPRAKASH AGRAWAL Appellant
V/S
Hemendra And Ors. Respondents

JUDGEMENT

(1.) THE present review petition has been filed for reviewing the order dated 24 -06 -2015 passed in Writ Petition No. 2916/2015 (Omprakash Agrawal Vs. Hemendra and others).

(2.) IN the aforesaid case, an offence under the Negotiable Instruments Act, 1881 was registered and an application was preferred under the Criminal Procedure Code, 1973. A plea bargaining was made in the matter and the trial court has disposed of the matter. The entire amount as per the judgment delivered by the trial court has been paid to the complainant. This court in light of the aforesaid has disposed of the Writ Petition No. 2916/2015 on 24 -06 -2015 by passing a speaking order. Now review petition has been filed for reviewing of the same. The Apex Court in the case of Haridas Das Vs. Usha Rani Bank (Smt) and Ors., reported in : (2006) 4 SCC 78 in paragraph 13 and 20 has held as under : -

(3.) IN the aforesaid case, the Apex Court has held that rehearing of case can be done on account of some mistake or an error apparent on the face of the record or for any other sufficient reason. In the present case, there is no error apparent on the face of the record and the petitioner infact under the guise of review is challenging the order passed by this Court, which is under review. Similarly the Apex Court in the case of State of West Bengal and Ors. Vs. Kamal Sengupta and Anr., reported in : (2008) 8 SCC 612 in paragraphs 21, 22 and 35 has held as under : -