PATEL SAILESHKUMAR MAFATLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has challenged the impugned order dated 03.02.2020 passed by learned 2nd Additional Sessions Judge, Mehsana in Criminal Appeal No.216 of 2019.

(2.) Heard learned advocate for the applicant, learned advocate for the respondent No.2 and learned APP for the respondent-State.

(3.) It is submitted by learned advocate for the applicant that impugned judgment and order passed by the Trial Court is contrary to law and evidence available on record. That learned Sessions Judge ought not to have dismissed the appeal for non- prosecution in view of the fact that record and proceedings were not called and same was not before the Court. That without called upon the R & P the appeal has been disposed of which is contrary to law. That, learned Sessions Judge ought not to have dismissed the appeal in view of the fact that non bailable warrant was issued against the applicant and which was executed upon the applicant and at least delivery the service of the same.