L V JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a petition against the order dismissing Criminal Appeal No.700 of 1988 in default by the learned Sessions Judge, Pune by order dated 19-9-1990. The Petitioner has filed the said appeal against the order of conviction passed against him in C. C. No.1604 of 1986 by the Judicial Magistrate, F. C. Court No.4, Pune thereby convicting him of offence punishable under Section 500 of IPC and sentencing him to simple imprisonment of two months, and to pay a fine of Rs. 100/-, in default to undergo simple imprisonment for two months.

(2.) AS the appeal was dismissed in default the only question that is required to be decided is whether the learned Sessions Judge could have dismissed the criminal appeal in default. I have heard the arguments of the learned Counsel for the Appellant Shri A. V. Anturkar and learned Counsel for the Respondent Shri A. P. Mundargi.