SURENDRA KOTHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned P.P. and perused the orders impugned.

(2.) THE present revision petitions have been filed against the orders dated 6.9.2011 passed by learned Additional Sessions Judge No.1, Jodhpur Metropolitan, Jodhpur rejecting the applications filed by the petitioners under Section 391 Cr.P.C. in the appeals filed by them. 2 Learned counsel appearing on behalf of the petitioners submits that subsequent to the conviction of the petitioners, the petitioners and the concerned bank, with which the alleged cheating has been done, have compromised the matter and in pursuance of the compromise, the bank has withdrawn its litigation initiated against the petitioners for recovery of the amount. It is also submitted that the bank has issued no dues certificate in regards to the debts of the petitioners with the bank being cleared. It is submitted that these documents showing the compromise of the petitioners with the bank and the no dues certificate are vital documents which shall have material bearing on the fate of the appeals filed by the petitioners in which the applications under Section 391 Cr.P.C. were moved and which have been rejected by the impugned orders. It is thus submitted that the court below be directed to take these documents on record and the petitioners be permitted to lead evidence for proving the documents.

(3.) I considered the arguments advanced at the bar and perused the orders impugned.