G.S.Sarraf, J. - (1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed for recalling the order dated 9.5.2008 passed by this Court in the absence of the Counsel fortfie petitioner.
(2.) BRIEFLY stated the facts are that by order dated 4.6.2004 passed by Additional Chief Judicial Magistrate, Ramganj Mandi, district Kota cognizance was taken against the petitioner of the offence under Section 138 of the Negotiable Instruments Act. The petitioner filed a revision against the above order which was dismissed by order dated T. 10.2005 passed by Additional District and Sessions Judge, Ramganj Mandi, district Kota in Criminal Revision No. 12/2005. Aggrieved, the petitioner filed a misc. petition before the High Court under Section 482 Cr.P.C. This Court on 9.5.2008 passed following order: None is present for the petitioner Mr. Arun Sharma, P.P. None is present on behalf of the petitioner even in the second round. None was present on his behalf on the last date also. After hearing the learned P.P. and after examining the impugned order I am of the opinion that there is no ground for interference while exercising the jurisdiction under Section 482 Cr.P.C. The petition stands dismissed. The petitioner has filed this application for recalling the above order.
(3.) LEARNED Counsel for the petitioner submits that right of hearing is -very important of which no litigant should be deprived. He submits that since the order dated 9.5.2008 has been passed in the absence of the petitioner and his Counsel, therefore, that order deserves to be recalled. He places reliance on .;