Appeal dismissed; merger validity not reopened, leasehold rights transferred to corporate debtor formed liquidation estate; section 36(4)(a)(iv) inapp...
The HC dismissed the petition, holding that petitioners failed to justify recall of the complainant-witness under Section 311 CrPC after closure of evidence and cannot invoke inherent jurisdiction under Section 528 BNSS/Section 482 CrPC to re-agitate matters already adjudicated in revision. The court found a seven-year delay and repeated non-diligence-fourteen missed opportunities to cross-examine CW-1 after permission under Section 145(2) NI Act-constituted abuse and prejudice to the complainant. Alleged medical incapacity of prior counsel was unproved. Two lower courts had concurrently refused re-opening; no perversity or failure of justice was shown. The petition, deemed a disguised second revision barred by substantive bars, was dismissed.
The HC dismissed the petition, holding that petitioners failed to justify recall of the complainant-witness under Section 311 CrPC after closure of evidence and cannot invoke inherent jurisdiction under Section 528 BNSS/Section 482 CrPC to re-agitate matters already adjudicated in revision. The court found a seven-year delay and repeated non-diligence-fourteen missed opportunities to cross-examine CW-1 after permission under Section 145(2) NI Act-constituted abuse and prejudice to the complainant. Alleged medical incapacity of prior counsel was unproved. Two lower courts had concurrently refused re-opening; no perversity or failure of justice was shown. The petition, deemed a disguised second revision barred by substantive bars, was dismissed.
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