SUKHDEV SINGH Vs. STATE

JUDGEMENT

(1.) This petition has come up on account of a recommendation made by learned A.S.J., Delhi by order dt. 27-5-74.

(2.) The petitioner a Surety, had filed an appeal against an order made on 17-8-1973, directing that the sum of Rs. 3,000.00 be realized from him because the bail bond executed for keeping an accused, T.N. Mathur on bail had been forfeited. That appeal came up before Shri K.B. Andley, Chief Judicial Magistrate, Delhi. He took up the appeal on 15th of November, 1973, for disposal and finding that nobody had turned up for urging it dismissed the same for want of prosecution. The petitioner filed a revision petition against the order by which the appeal had been dismissed and it was contended before the learned Additional Sessions Judge that the appeal should have been disposed of on merits.

(3.) I have perused section 423 of the Code of Criminal Procedure and am of the view that the Chief Judicial Magistrate should not have dismissed the appeal at 1 p.m. He was to function till 4 p.m. The order passed on the 15th of November, 1973, may be reproduced :-