K ABDUL LATHEEF Vs. SHARAF

JUDGEMENT

(1.) THE criminal appeal stands dismissed for default of the appellant. Now, the appellant has filed the application [Crl.M.Appln.5761 of 2006] to restore the appeal back on file.

(2.) BUT a closer scrutiny of the records reveals that the appellant was in the constant habit of absenting himself in the court. He happened to carry this appeal only when his complaint has been dismissed because of his absence. Again, the appeal has been dismissed because of his absence and his counsel. That is why I have stated at the outset that this is his constant conduct. Anyhow, taking note that he did not have an opportunity to prosecute his case, I am of the view that the appeal shall be restored to file on condition of paying a sum of Rs.7,500/- to the counsel for the respondent/accused appearing in this case, within a period of two weeks. In case the cost is not paid within two weeks, the judgment dated 29.5.2006 will revive and the Crl.M.Appln.No.5761 of 2006 and the appeal shall stand dismissed. Crl.M.Appln. 5761 of 2006 and the appeal are disposed of accordingly.