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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. R. MENGDEY, J
MAHENDRABHAI BABUBHAI TRIVEDI – Appellant
Versus
NITABEN MAHENDRABHAI DESAI – Respondent
| Table of Content |
|---|
| 1. applicant sought to recall a withdrawal order. (Para 1) |
| 2. claim of mistaken belief in withdrawal discussed. (Para 2 , 3 , 5) |
| 3. court examined knowledge of legal consequences during withdrawal. (Para 4 , 6) |
| 4. final decision to dismiss the application. (Para 7) |
ORAL ORDER
1. The applicant has filed the present application, inter-alia, requesting this Court to recall the Order dated 30.10.2024 passed in Criminal Revision Application No.1447 of 2024 and also sought to restore the Criminal Revision Application No.1447 of 2024 to its original number and list the same for final hearing.
2. Heard learned Advocate appearing for the applicant. She has submitted that the applicant herein had filed Criminal Revision Application No.1447 of 2024 along with Criminal Appeal No.1 of 2024. This Court vide its Order dated 16.10.2024 passed in the aforesaid proceedings, had directed the applicant herein to deposit 20% of the amount of cheque involved in the present case. The applicant, however was not in a position to deposit the said amount, and therefore, under the mistaken belief and through inadvertence, had withdrawn the said revision application on 13.10.2024. The applicant has
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