CALCUTTA VEENER INDUSTRIES PVTLTD Vs. ASHOK KUMAR MEHROTRA

JUDGEMENT

(1.) THE present revisional application is against an order dated 28 3 2000 dismissing the appeal being Cri. Appeal No. 65 of 1998 passed by the learned Chief Judge, City Sessions Court, Calcutta .

(2.) IT appears that the present petitioners were convicted in case No.C/1694/95 by the learned Metropolitan Magistrate, 11th court Calcutta vide judgment and order No. dated 9 7 98 undersection 138/141 of the Negotiable Instruments Act and they were sentenced to pay a fine of Rs. 2 lakhs each and, the petitioner No. 2 was further sentenced to suffer simple imprisonment for 200 days. Against such order of conviction, the present petitioners preferred an appeal before the learned Judge, City Sessions Court, Calcutta , which was admitted for hearing.

(3.) THE learned advocate appearing for the petitioners submits that once an appeal is admitted the Court is under obligation to hear the same and to dispose of the same on merits and cannot dismiss the same merely due to absence of the appellants. I find sufficient merits in such submission. It has been held by the Hon'ble Apex Court as also by other High Courts that an appeal once admitted cannot be dismissed summarily only because of non appearance of the learned advocate of the appellant. The appeal is to be disposed of on merits. I have also heard the learned advocate appearing on behalf of the opposite party No. 1 who submits that the present revisional application does not have any merit inasmuch as the petitioners did not take any steps before the trial court for hearing of the appeal.