SIDDESHWARA ENTERPRISES Vs. CHANNAPPA B

JUDGEMENT

(1.) The present Criminal Revision Petition has been filed by the petitioners-accused Nos.1 and 2 challenging the order passed by the 56th Additional City Civil and Sessions Judge, Bengaluru in Crl.A.No.778/2017, dated 13.12.2018. The appeal came to be dismissed for Non-Prosecution.

(2.) Though the case is posed for admission with the consent of the learned counsel for the petitioners- accused Nos.1 and 2, the same is taken up for final disposal.

(3.) I have heard the learned counsel for the petitioners-accused Nos.1 and 2. Though the notice has been served on the respondent, he has remained absent and there is no representation. It is the submission of the learned counsel for the petitioners-accused Nos.1 and 2 that the Lower Court Records were received on 21.07.2018 and the case was adjourned to 27.08.2018 for arguments. Immediately after two adjournments, on 13.12.2018, the appeal was dismissed for Non-Prosecution without giving proper opportunity and hearing the learned counsel for the appellant. It is his further submission that the appeal cannot be dismissed for non-prosecution without hearing on merits. The petitioner-accused is having good grounds and no proper opportunity has been given. On these grounds, he prayed to allow the petition and to set aside the impugned order and remand back the case to the First Appellate Court to dispose the case on merits.