M/S. SHIVA INTERNATIONAL Vs. RAJESH VERMA

JUDGEMENT

(1.) An application has been moved for recalling the order dated 02.12.2011 passed by this court.

(2.) Mr.S.R.Surana, the learned senior counsel for the applicant, has contended that the case was between the complainant, M/s.Shiva International, and the accused-applicant, Rajesh Verma. Since it was a criminal case under Section 138 Negotiable Instruments Act, the State of Rajasthan was stranger to the case. Moreover, on behalf of the accused-applicant-respondent, the counsel had already filed his power. Yet on 02.12.2011, in the absence of the counsel for the accused-applicant, the order has been passed. Therefore, the principles of natural justice have been violated. Therefore, the order dated 02.12.2011 deserves to be recalled.

(3.) Secondly, merely because the order has been passed in absence of the learned counsel for the accused would not tantamount to violating the principles of natural justice. For, the name of the counsel was shown in the cause list and the counsel should have attended his case when called upon by this court. In case he failed to do so, he did it at his own peril.