JAYASHREE TIWARI, J. - (1.) CASE called out in the revised list. Heard the learned counsel for the applicants-revisionists on the restoration application. A perusal of the order sheet shows that despite several opportunities, the learned counsel for the revisionists did not appear on the date fixed for presenting his argument before the court.
(2.) THE revisional court while taking cognizance of the offence under section 401 and 403 Cr.P.C. had to dispose of the matter on merits and the case cannot be dismissed for default of the counsel for the applicant or the opposite party. Under the provisions of Section 401 (2) Cr.P.C., it is provided that when a revisional court takes cognizance of a matter, accused as well as the opposite party has to be given an opportunity of being heard either personally or through pleader in his own defence. Thus, opportunity of hearing to the accused or the other person has to be given to make his submissions.
(3.) UNDER Section 403 Cr.P.C. it is provided that no party has a right to be heard either personally or by pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.;