MAHENDRA SINGH CHOUHAN Vs. RAJKISHOR RATHI

JUDGEMENT

(1.) This revision has been preferred against the order dtd. 1/7/2017 passed by the Sessions Judge, Kondagaon distt. Kondagaon (CG) whereby the appeal preferred by the applicant has been dismissed for want of prosecution.

(2.) Brief facts pertaining to this revision are that vide judgment dated 3- 6-2017 passed by the Judicial Magistrate First Class, Keshkal in Criminal Case No. 250/2015, the applicant was convicted under Sec. 138 of the Negotiable Instruments Act and sentenced to undergo six month's SI and to pay fine Rs.3,40,000.00, which shall be given to the non- applicant/complainant as compensation under Sec. 357(1(b) of the Criminal Procedure Code. Against above order, the applicant preferred criminal appeal (unregistered no. /2017) before learned Sessions Judge, Kondagaon, which was dismissed for want of prosecution vide order dated 1- 7-2017. Hence, this revision.

(3.) Learned counsel for the applicant submits that the applicant was ill before 1/7/2017 because his sugar level was high, therefore, he was not able to appear on the date of hearing. On 1/7/2017 due to inadvertence, he could not inform his counsel in this regard, therefore, he and his counsel did not make appearance on the date of hearing. Thus, non-appearance of applicant was bonafide. He further submits that the applicant wants sincerely that the case should be decided on merit, therefore, he prays that this revision may be allowed and opportunity of hearing be granted to him in the case.