Surendra Kothari vs Union of India

Sandeep Mehta

Heard learned counsel for the petitioners and learned P.P. and perused the orders impugned. 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 u/s 391 Cr.P.C. in the appeals filed by them.

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which the alleged cheating has been done, have compromised the matter and in pursuance of the compromise, the bank has withdrawn its litigation initiated against the petitioners for recovery of the amount.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 u/s 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.

Learned Special P.P. submits that the order dated 31.8.2004 passed by the D.R.T., Jaipur is an undisputed document in which all the facts of compromise have been mentioned and the C.B.I. has no objection to this order being taken on record as an admitted document u/s 294 Cr.P.C.

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

In the opinion of this Court, the documents showing clearance of the dues of the petitioners with the bank and the withdrawal of suits by the bank by way of compromise are vital documents which may have material bearing on the fate of the cases. All these documents are said to have come into existence subsequent to the conviction of the petitioners being recorded by the trial court.

Accordingly, the present four revision petitions succeed and the learned trial court is directed to provide one opportunity to the petitioners for proving these documents by leading evidence to this effect. The petitioners shall avail of this opportunity which shall be available to them for a period of four weeks from the date of receipt of certified copy of this order. The petitioners shall produce whatever evidence they desire to submit for the purpose of proving these documents only within a aforesaid period. It is made clear that the opportunity to lead the evidence as mentioned above shall be limited to the proving of the documents referred to above. Stay petitions also stand disposed of.