SANDEEP & ANOTHER Vs. VISHNU GOYAL & ANOTHER

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure 1973 has been preferred by the petitioners/accused seeking review of the order dated 28 th April 2011 in Cri. Rev. No. 335/2003 (Vishnu Goyal Vs. State of M.P. & others) allowing thereby the revision of the respondent No.1 herein while setting aside the order impugned dated 11/6/09 in Criminal Case No.554/99, passed on an application under Section 321 of Cr.P.C. moved by the State praying for withdrawal of the criminal prosecution instituted upon the charge-sheet filed by the police, Shivpuri against the accused for commission of offence punishable under Section 420 of I.P.C.

(2.) It is admitted that in a motor accident against award of compensation, petitioner Sandeep Kumar Goyal handed over two cheques amounting to Rs. 1,20,000/- (Rs. One lac twenty thousand only) and Rs.10,000/- (Rs. Ten thousand only) in favour of the injured late Hari Om Prakash Goyal, Advocate of Shivpuri. Theses two cheques came to be dishonoured by the Bank for want of sufficient funds in the account of the payee. On an FIR lodged by Hai Om Prakash Goyal, a Crime No. 40/1991 was registered and after investigation, the charge-sheet was filed before the Criminal Court. At the time of hearing of the revision, learned counsel for the petitioners was not present before the court and without hearing him, the impugned order was passed behind his back. Hence, it is prayed that by recalling the order aforesaid, the opportunity of hearing to the petitioners may be afforded and the case may be directed to be decided afresh.

(3.) Learned Public Prosecutor for the respondent No.2/ State, on the other hand, opposed the prayer and prayed for rejection of the petition.