VIJAY KUMAR AGARWAL Vs. MAHESH KUMAR AGARWAL

JUDGEMENT

(1.) Heard Sri Rakesh Thapliyal, learned counsel for the petitioner. Sri Arvind Vashistha, Advocate appearing for the respondent.Short counter affidavit filed on behalf of respondent is taken on record.

(2.) By way of present petition charges framed by learned Trial Court u/s 420, 467, 468,471 I.P.C. vide order dated 20.08.2008 and Revisional Court's judgment dated 15.09.2009 are being assailed.Both the counsels fairly stated that neither accused nor prosecution were heard before framing the charges.

(3.) Both the counsels fairly stated that Magistrate has failed to record his opinion.