H A DEVEGOWDA Vs. H T VENKATEGOWDA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. Respondent is duly served and absent.

(2.) Present petition is filed under Section 397 Cr.P.C. since appeal in Crl.A.No.145/2013 was dismissed for non-prosecution.

(3.) It need not be reiterated that neither a criminal revision petition nor a criminal appeal should be dismissed for default and they will have to be disposed of on merits. Reliance is placed upon to a decision rendered by Hon'ble Apex Court in BANI SINGH & OTHERS vs. STATE OF U.P., 1996 AIR(SC) 2439 to this effect. The Code of Criminal Procedure envisages disposal of the appeal on merits after perusal and scrutiny of the record. Hence, the law clearly expects that the Appellate Court to dispose of the appeal on merits, not merely by perusing the reasoning of the trial court in the judgment. Caution is given by Hon'ble Apex Court to the effect that the appellate criminal Court should also cross-check the reasoning with the evidence on record in order to satisfy itself that the reasoning and findings recorded by the trial court are consistent with the material on record. In this view of the matter, procedure adopted by first appellate Court in dismissing the appeal for default is a glaring illegality. Hence, revisional jurisdiction vested in this Court under Section 397 of Cr.P.C. will have to be invoked.