AJIT Vs. KALLAPPA

JUDGEMENT

(1.) Being aggrieved by dismissal of his appeal by the Sessions Court, the appellant who is accused has filed this petition under Sec. 397 Cr.P.C., contending that the impugned order is contrary to law, facts and evidence on record and as such, it is liable to be set aside. He was not given opportunity to address his arguments. The Sessions Court ought not to have dismissed the appeal for default, without deciding the same on merits. As held by the Hon'ble Supreme Court in Parasuram Patel and another V/s State of Orissa,(1994) 4 SCC 664. Surya Baksha Singh V/s State of Uttar Pradesh,(2014) 14 SCC 222. and K.S.Panduranga V/s State of Karnataka,(2013) 3 SCC 721. the appeal cannot be dismissed even in the absence of appellant and it is to be decided on its own merits. The petitioner is having a good case on merit and prays to allow the petition, set aside the impugned order and provide opportunity to the petitioner to argue the matter on merit.

(2.) After due service of notice, respondent appeared through counsel.

(3.) Heard arguments of both sides and perused the record.