C.SURESH Vs. AKKANNAPPA GOWDA

JUDGEMENT

(1.) The present petition is filed by accused being aggrieved by the order dated 29.8.2018 passed by the LVI Additional City Civil and Sessions Judge, Bengaluru in Crl.A.No.1425/2017.

(2.) I have heard the learned counsel for the petitioner-accused and the respondent-complainant/party -in-person.

(3.) It is the submission of the learned counsel for the petitioner-accused that the impugned order is arbitrary as the appellate Court has dismissed the appeal without giving any opportunity to the accused and without hearing the case on merits. It is her further submission that no appeal can be dismissed for default without going into the merits of the case. If such an order is passed it is considered to be an illegal order. It is further submitted that Code of Criminal Procedure envisages the disposal of the appeal on merits after perusal and scrutiny of the records. Without adopting the said method, the appellate Court has dismissed the appeal. On these grounds, she prayed to allow the petition and to set aside the impugned order.