KALLACHI MAMMU Vs. V.V. ANDRUMAN AND ORS.

JUDGEMENT

(1.) The short question that arises for consideration is whether a Criminal Appeal once admitted can be dismissed for default due to the absence of the counsel for the appellant.

(2.) The revision petitioner was the accused in S.T. No. 359 of 2015 on the files of the Court of the Judicial Magistrate of First Class, Kuthuparamba. The trial court convicted the revision petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') and sentenced him thereunder to simple imprisonment for three months and to pay a compensation of Rs. 75,000/- to the complainant under Section 357 (3) Cr.P.C. Against the said conviction and sentence, the revision petitioner filed appeal. As per the judgment dated 20-1-2015 in Crl.Appeal No. 45 of 2008, the Sessions Court, Thalassery dismissed the appeal for default, for the reason that there was no representation for the appellant.Aggrieved by the dismissal of appeal for default, this revision petition has been filed by the accused before the trial court.

(3.) Heard the learned counsel for the petitioner, the learned counsel for the first respondent and the learned Public Prosecutor.