Final Order 7

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. SAMEER BAJPAI,
ADDITIONAL SESSIONS JUDGE-03
(SHAHDARA), KARKARDOOMA COURT, DELHI
Criminal Revision No. 76/2024
1. Jaipuria Buildtech Pvt. Ltd.
Through its MD/Director/ Authorized Signatory
16, Second Floor, Shankar Vihar, Vikas Marg, Delhi-110092
2. Sh. Ashok Goyal
Director /Authorized Signatory
Jaipuria Buildtech Pvt. Lid.
s/o Sh. Anand Prakash Goyal
16, Second Floor, Shankar Vihar,
Vikas Marg, Delhi – 110092
3. Smt. Vandana Goyal
Director/Authorized Signatory
Jaipuria Buildtech Pvt. Ltd
w/o Sh. Ashok Goyal
16. Second Floor, Shankar Vihar,
Vikas Marg, Delhi - 110092
Also at: Petitioner no. 1 to 3
507, Radission Corporate office Kaushambi,
Ghaziabad, U.P. …. Revisionists
VERSUS
Jindal Promoters Pvt. Ltd
B-12, E-10-12, Triveni Complex,
Jawahar Park, Laxmi Nagar Vikas Marg,
Delhi - 110092 (through its Director/
Authorized Representative Sh Jaipal Singh Chauhan)
….. Respondent
17.05.2024
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ORDER
1. The present petition has been filed with the title as “revision
petition” but without mentioning any provision of Cr.P.C., against the order
dated 16.03.2024 as passed by the Ld. ACMM, Shahdara, KKD, Delhi.
2. The main contention on behalf of the petitioners is that they
have applied for certified copies of the relevant documents of the record of
the Ld. Trial Court, for addressing final arguments but they have still not
been provided to them by the Copying Agency and therefore they should be
given an opportunity to address arguments before the Ld. Trial Court only
after procuring the certified copies of the documents.
3. Arguments on the petition have already been heard.
4. For the sake of clarity, it would be appropriate to reproduce the
relevant para of the order of Ld. Trial Court as under:
“Today, the application so moved on behalf
of accused that some more time be granted to lead
the final arguments, since the certified copies are
not available, does not inspire the confidence of
this court. The present matter was filed in year
2013 and is pending for final arguments since the
year 2018. Repeated opportunities have already
been granted to accused to lead final arguments. It
is not clarified as to why, certified copies, if any,
were not applied in past four years and are applied
only at the time when this court has listed the
matter for judgment, after hearing final arguments
from the complainant.
Considering the complete conduct of the
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accused in the present trial, this court is of the
view that no further opportunity can be granted to
the accused. It is further pertinent to note in hear
that apart from being more than 10 years old
matter, there are three connected matters between
the same parties for final arguments and same are
adjourned on each and every date leading into
wastage of judicial time.
In view of the same, since arguments were
already led by the complainant and no further
opportunity is granted to accused to lead
arguments, now to come up for judgment on
05.04.2024.
However, in the interest of justice, both the
parties are at liberty to file written submissions, if
any, atleast five days before next date of hearing.”
5. The Court must first note that the present petition, which the
petitioner has title as revision petition is not maintainable in the form of
revision petition under Section 397 Cr.P.C, as the impugned order is an inter-
locutory order and deserves outright dismissal.
6. As this court called for the Trial Court record and gone through
the same, it becomes necessary to give certain observations on the
proceedings as went on in the ld. Trial court. As observed by the Ld. Trial
Court in the impugned order, the order sheets of the trial court record shows
that the petitioners unreasonably tried their best to delay the matter before
the Ld. Trial Court.
7. The main prayer of the petitioner is now that to give
opportunity to them to obtain certified copies of certain documents/papers
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for addressing final arguments. The trial court record shows that right from
the beginning of the trial, each and every document/paper ought to have
been with the petitioners and there was absolutely no necessity for them to
ask for any certified copy of document/paper. It was observed by this court
the matter before the Ld. Trial court was first fixed for final arguments on
11.03.2019 but the petitioners kept on lingering the matter and did not apply
for the certified copy of desired paper/document and made the submissions
regarding the same on 19.02.2024. In the impugned order, the Ld. Trial
Court put the matter for judgment on 05.04.2024 and despite the conduct of
the petitioners,the Ld. Trial Court was liberal enough to grant opportunity to
the petitioners to file written submissions. Surprisingly, the petitioners again
did not file written submissions before Ld. Trial Court and challenged the
order dated 16.03.2024, by way of present petition just to delay the
proceedings further.
8. Considering the whole fact and circumstances as discussed
above, finding no merits, the petition is dismissed.
9. Trial court record along with copy of this order be sent back to
the Ld. Trial court.
10. File of the Revision Petition be consigned to record room, as
per rules.
(Sameer Bajpai )
Addl. Sessions Judge-03
Shahdara District, Karkardooma Courts,
20.05.2024
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