M.B.SHARMA, J. - (1.) THIS is an application under Section 482 Gr. P.O. by the accused -appellant, praying that the order (sic)affi ming the conviction of the appellant recorded on 15 -11 -78 against the appellant by this Court (Sidhu J), be recalled because the appeal was heard without any notice to the appellant or his Advocate.
(2.) PETITIONER , Balkishan was tried and convicted by the Special Judge (Anti -Corruption Department), Rajasthan, Jaipur under Sub -Section 161 IPC and Section 5(1)(d) of the Prevention of Corruption Act Under both the counts, he was sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs. 200/. In defaut of payment of fine so further undergo two months rigorous imprisonment for each default. Against the judgment of the Trial Court an aypeal was preferred by the accused -petitioner at Jodhpur in the year 1973. He was represented one by Mr. R P. Vvas, a Lawyer who is practising at Jodhpur. The Beech of the Rajasthan High Court was (sic)eiCablished and started (sic)fanc*iin161 IPC and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act. But while affirming the order of conviction, the learned Single Judge held that the quantum of sentenoe will be considered later. It was at this stage that an application was preferred by the petitioner to recall the order affirming the conviction of the petitioner dated 15 -11 -1978.
(3.) IT may be mentioned here that normally, this application should have been dealt with by the learned Judge (Sidhu J) but to be fair, he ordered on 23rd February, 1979 that if there is no objection, application under Section 482 Cr. P.C., may be listed by Hon'ble the Chief Justice before another Bench. The case thereafter came before me but on 27th February, 1980 on the point of jurisdiction to hear the appeal, an order was passed but the question about the transfer and hearing of the appeal without notice to the petitioner in a criminal case was not considered.;