1 (Crim appln 411 of 2010 in Crim Rev. appln 313 of 2005) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 411 OF 2010 IN CRIMINAL REVISION APPLICATION NO.313 OF 2005 Palsi Bhathena and Anr. ...Applicants Vs. Subash Bhagwant Dabir and Anr. ...Respondent ----- Mr.S.V. Marwadi i/b.Wamoorkar & Waramoor & Co. & M.A. Saiyed for Applicants Mr.D.P. Kamath for Respondent No.1 Mr.Rajesh More -APP for the State ----- CORAM: V.M. KANADE J. DATED:13TH DECEMBER, 2010 P.C. 1. The Applicants are the original Respondent Nos.1 and 2 in Criminal Revision Application. They are seeking review of the order dated 15.10.2010 passed by this Court. 2. It is submitted that several vital facts were suppressed by the original Applicants. It is submitted that, therefore, the order needs to be recalled since the said order was the ex-parte order. 2 (Crim appln 411 of 2010 in Crim Rev. appln 313 of 2005) 3. The learned counsel for the Original Respondents has filed compilation of documents in support his submissions. 4. Brief facts are that the Original Applicants had filed a complaint against the Respondents i.e. the Applicants herein, alleging that without payment of the entire consideration amount, the land was transferred in their name by misrepresentation and committing fraud. 5. The learned counsel for the Applicants herein submits that on the contrary, the Applicants herein were taken for ride and property in question was sold to third party. This is disputed by the learned counsel appearing on behalf of the Respondents herein 6. Be that as it may. Taking into consideration the provisions of section 362 of Cr.P.C., it will not be possible for this Court to review the said order or recall the said order since the said order has been passed on merits and the Applicants herein did not appear before the Court though they were served. At the highest, it can be clarified that the Trial Court shall not be influenced any 3 (Crim appln 411 of 2010 in Crim Rev. appln 313 of 2005) observations made by this Court while disposing of the criminal revision application and the Trial Court shall consider the case on merits and in accordance with law. The Applicants herein are also at liberty to challenge the complaint by filing an application under section 482 of the Cr.P.C. Criminal application as well as the Criminal Revision Application are disposed of in the aforesaid terms. (V.M. KANADE J.)