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"While considering the scope of right of hearing due consideration has to be given to Section 304, Cr.P.C., Articles 21 and 39-A of the Constitution. Section 482, Cr.P.C., will have to be considered in the light of the aforesaid provisions. In all civilized and democratic societies right of hearing has been considered to be one of the most fundamental of the fundamental rights flowing from principles of natural justice and principles enshrined in well known maxim audi alteram par tem."

"The power of re-call is different than the power of altering or reviewing the judgment, and powers under Section 482, can be and should be exercised by the High Court for re-calling the judgment in case the hearing is not given to the accused and the case falls within one of the three conditions laid down under Section 482."