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2025:CGHC:7794 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 28 of 2025 Vishal Jain, S/o Shri Mahendra Kumar Jain, presently aged about 44 years, resident of Shop No.7, Arham handloom, Textile market, Pandri Cloth market, Tahsil and District Raipur (CG) ---- Appellant/respondent Versus Amit Singh, S/o Shri R.B. Singh, aged about 38 years, R/o A-21, Walfort Enclave, Behind Ramkrishna Hospital, Pachpedi naka, Raipur, District Raipur (C.G.) ---- Respondent/Appellant (Cause-title taken from Case Information System) Petition for Review (By Circulation in Chamber) Hon'ble Smt. Justice Rajani Dubey (Order Passed on 13.02.2025)
1. By this review petition, the petitioner is seeking review of the order dated 26.04.2024 passed in ACQA No. 276/2017, whereby the acquittal appeal of respondent was allowed.
2. In the review petition, various grounds have been raised
2 assailing correctness of the finding recorded by this Court. The grounds do not make out any case for review and the review petition appears to be more in nature of an appeal in disguise.
3. It is well settled that scope of review jurisdiction is extremely limited and only an error apparent on face of record can be corrected in the said jurisdiction and re-appraisal/re- appreciation cannot be done in exercise of said jurisdiction as that would amount to exercise of appellate jurisdiction which is impermissible in law as has been held in catena of judgments by the Hon'ble Apex Court, such as Devaraju Pillai v. Sellayya Pillai, reported in (1987) 1 SCC 61, Meera Bhanja (Smt) v. Nirmala Kumari Choudhury (Smt), reported in (1995) 1 SCC 170, Avijit Tea Co. Pvt. Ltd. v. Terai Tea Co. and others, reported in (1996) 10 SCC 174, Lily Thomas etc. v. Union of India and others, reported in AIR 2000 SC 1650, Akhilesh Yavad v. Vishwanath Chaturvedi and others, reported in (2013) 2 SCC 1 and Sasi (D) through LRS. v. Aravindakshan Nair and others, reported in (2017) 4 SCC 692).
4. The grounds raised by the review petitioner in this review petition cannot be permitted to be raised in review petition. Even otherwise, there is no error apparent on the face of record in the order under review warranting invocation of
3 review jurisdiction. Accordingly, the review petition is dismissed at the admission stage itself. No cost(s). Sd/-
(Rajani Dubey)
Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2025.02.14 16:46:34 +0530