KISHANSINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner was convicted by the Special Judge, Mathura under Section 5 (2 of the Prevention of Corruption Act and was sentenced to two years' rigorous imprisonment and a fine of Rs. 200. 00. He filed an appeal before the Allahabad. High. court which was dismissed for default of the appearance of the petitioner and his counsel, when the appeal was called out for preliminary hearing. An application for restoration of the appeal made thereafter has also been dismissed by the order which has been challenged before this court in the present special leave petition.

(2.) The question which arises in this case is whether an appeal filed under 9 Section 374 of the Criminal Procedure Code by an accused against his conviction and sentence could be dismissed for the default of the appellant in prosecuting the appeal either in person or through counsel.

(3.) Notice was issued in the special leave petition indicating that the matter would be finally disposed of at the notice stage itself. The office report indicates that notice has been served, but there is no appearance on behalf of the respondent-State. Special leave is granted.