The Special Criminal Appellate Court held that Bank's revision applications were rightly dismissed as being non-maintainable since CBI's corresponding applications were already pending before the Revisional Court. No interference was called for.
Both petitions are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/SCR.A/1119/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1119 of 2013
With
R/SPECIAL CRIMINAL APPLICATION NO. 1120 of 2013
================================================================
MADHAVPURA MERCANTILE COOPERATIVE BANK LTD (UNDER LIQUIDATIO
Versus
STATE OF GUJARAT
================================================================
Appearance:
MR DHANESH PATEL FOR MR. BHADRISH S RAJU(6676) for the PETITIONER(s) No. 1
MR RC KODEKAR(1395) for the RESPONDENT(s) No. 2 MS KRINA CALLA, APP for the RESPONDENT(s) No. 1
MR NANDISH THAKKAR FOR THAKKAR AND PAHWA ADVOCATES(1357) for the RESPONDENT(s) No. 3
===============================================================
CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI
Date : 07/12/2018
ORAL ORDER
Page 1 of 3
R/SCR.A/1119/2013 ORDER
Dharmesh Doshi from the Criminal Case No. 132/2004. The said Dharmesh Doshi had made an application below Exhibit 17 in Criminal Revision Application 9 of 2011 raising preliminary objection regarding maintainability of the Criminal Revision Application No. 9 of 2011 filed by the Bank. The petitioner Bank had also filed Criminal Revision Application No. 2 of 2012 and the CBI had filed Criminal Revision Application No. 6 of 2012 challenging the order dated 30.11.2011 passed by the Special CBI Court discharging another accused Mukesh Champaklal from the said Criminal Case No. 132/2004. The said Mukesh Champaklal had made an application at Exhibit 14 in Criminal Revision Application No.2 of 2012 challenging the locus standi of the bank to file the revision application and the maintainability of the revision application. Both the applications were heard by the Revisional Court and the same have been allowed by holding that the Criminal Revision Application nos. 9 of 2011 and 2 of 2012 were not maintainable. Being aggrieved by the said order, these Special Criminal Applications have been filed by the petitioner Bank.
Page 2 of 3
R/SCR.A/1119/2013 ORDER
Court discharging the accused Dharmesh Doshi and Mukesh Champaklal from the Criminal Case No. 132/2004, which are pending before the Revisional Court. Since the bank had filed separate revision applications against the orders of discharge, the Revisional Court has rightly dismissed the said revision applications as being not maintainable. The impugned order being just and proper, no interference is called for. However the revision applications filed by the CBI is directed to be heard as expeditiously as possible.
Subject to the aforesaid direction, both the petitions are dismissed.
(BELA M. TRIVEDI, J)
SINDHU NAIR
Page 3 of 3
2 issues framed by the court
Whether the High Court should interfere with the Special CBI Court order finding the Bank's revision applications unmaintainable as CBI applications are pending.
Whether the impugned order dismissing the Bank's petitions should be quashed.
MADHAVPURA MERCANTILE COOPERATIVE BANK LTD
STATE OF GUJARAT
BELA M. TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
