JUDGMENT

K.P. Mohapatra, J. - This is a petition under section 482 of the Code of Criminal Procedure ('Code' for short) invoking the inherent powers of the Court to set aside the order of the learned Sessions Judge, Cuttack directing restoration of I.C.C. Case No. 49 of 1985 in which the petitioners as accused persons had earlier been discharged under section 245 (2) of the Code.

2. The parties are disputing possession of a fishing trawler which was purchased by the opposite party by securing a Bank loan and in respect of which the petitioners were the guarantors. The dispute came to a stage when the opposite party filed a complaint petition against the petitioners in the court of the Judicial Magistrate, Kujang (I.C.C. Case No. 49 of 1985) under sections 379 and 411 read with section 34 I.P.C. When the said case was called on for hearing on 17.10.1985, the opposite party was found absent. His witnesses were also not present in court. The learned Judicial Magistrate, therefore, took the view that the opposite party was not interested in the prosecution cases and so he discharged the petitioners under section 245(2) of the Code. Against the aforesaid order the opposite party preferr