ANAND PRAKASH MAHAL Vs. MOTIA GARG

JUDGEMENT

(1.) This application has been moved seeking restoration of Cri. M. (M) 441 of 1987 and for deciding it after giving an opportunity of addressing the arguments on merits.

(2.) Anand Prakash and Shakuntala Mahal have filed the petition under Section 482 of the Code of Criminal Procedure seeking quashment of the proceedings pending against them before the Magistrate in complaint case No. 860 of 1983 for offences punishable under Section 406 and 420 read with Section 34 of the Indian Penal Code pleading that Magistrate had earlier passed an order discharging the petitioner but later on had issued warrants of arrest of the petitioners on their failure to appear before the Court on subsequent hearing.

(3.) Notice was issued to the respondents to show cause as to why the petition be not admitted and complainant was duly served in the main petition and matter was being adjourned from one date to another for hearing arguments. Ultimately, H. C. Goel, J. (as his Lordship then was) on May 24, 1988 declined the prayer of the petitioner for adjournment and as petitioner did not advance any arguments himself, the Court dismissed the main petition. Thereafter Cri. Misc. (M) 586 and 569 of 1988 were moved by the petitioners for recalling the order of dismissal of the main petition pleading that counsel for the petitioners could not appear on the date fixed due to his being busy in some elections and that an opportunity of addressing the arguments may be provided. These applications were dismissed by H.C. Goel, J. on July 4, 1988.