ANNAM VENKATESWARLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is fifed under Section 482 of the Criminal Procedure Code for being mentioned to recall the order dated 4-11-1997 in Crl.RCNo.408 of 1996.

(2.) The facts in giving rise to the filing of this petition are, briefly, as follows : The petitioner-accused was found guilty by the Judicial First Class Magistrate, Kothagudem for an offence under Section 408 of the Indian Penal Code and convicted and sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.500.00; and was also found guilty for an offence under Section 465 of the Indian Penal Code and convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.500.00holding that the accused collected a sum of Rs.2,17,963.00 from the customers of the State Bank of Hyderabad, Kothagudem Branch and credited only a sum of Rs. 1,44,466/ - and mis-appropriated a sum of Rs.73,297.00. On appeal, the learned Additional District & Sessions Judge, Khammam passed judgment in Crl. Appeal. No.10 of 1992 setting aside the conviction and sentence awarded against the petitioner' for an offence under Section 465 of the I.P.C. However, the learned Sessions Judge confirmed the conviction and sentence awarded against the petitioner for an offence under Section 408 of the I.P.C. Against the said judgment in Crl.A.No.10 of 1992, the petitioner filed revision before this Court in Crl.R.C.No.408 of 1996.

(3.) The matter was listed for hearing on 28-10-1997 and adjourned to 29-10-1997. It appears that none appeared for the petitioner and was adjourned to 31-10-1997 under caption ' for dismissal', and on that day also neither the petitioner nor his Counsel were present and again the matter was listed for hearing under the caption for dismissal' on 4-11-1997. On that day also, neither the petitioner nor his Counsel were present and the Court after hearing the learned Public Prosecutor and on perusing the material on record, passed orders on merits dismissing the revision confirming the conviction and sentence awarded against the petitioner for the offence under Section 408 of the IPC.