NAZAR Vs. VARGHESE

JUDGEMENT

(1.) The 1st respondent in Crl.M.C. 3682/1997 has filed this petition under S.482 of the Cr.P.C. to set aside the order dated 30.6.1999 passed by this Court in the Crl.M.C. and to rehear and dispose of the Crl M.C. on merits after affording the petitioner a reasonable opportunity of being heard.

(2.) Crl.M.C. 3682/97 was filed by the 1st respondent herein to quash Annexure - A3 complaint filed by the 1st respondent - petitioner herein alleging offences punishable under S.378, 379 and 420 of the IPC before the Judicial First Class Magistrates Court, Ernakulam. This Court by the considered order dated 30.6.1999 allowed the Crl.M.C. and quashed Annexure - A3 complaint and the entire proceedings taken by the Judicial First Class Magistrates Court, Ernakulam against the petitioner therein.

(3.) It is seen from the order passed by this Court in that Crl.M.C. that the petitioner herein did not appear before the Court in spite of the fact that he was personally served in that proceedings. In this petition the petitioner has contended that though he was regularly appearing before the lower court and prosecuting the proceedings against the 1st respondent herein, on a misunderstanding and wrong advice given by his counsel, he did not appear before this Court and the matter was disposed of against him ex parte and without hearing him. He has also contended that this Court quashed the complaint filed by him against the 1st respondent on the basis of Annexure - A2 agreement produced by the 1st respondent in that Crl.M.C. and in fact that agreement alleged to have executed by him is absolutely false, fabricated and rank forgery. Therefore, he has contended that unless and until the order passed in the Crl.M.C. against him is not set aside and the matter is not heard and disposed of on merits after giving him an opportunity to be heard, he will be put to irreparable injury and loss and untold misery.