KAMAL LOCHAN SHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has challenged the order dated 19.04.2016 passed by the learned Sessions Judge, Keonjhar in Criminal Appeal No.52 of 2012 in rejecting the appeal memo in the absence of the appellant as no steps were taken in spite of the earlier direction.

(2.) The petitioner faced trial in the Court of learned J.M.F.C., Anandapur in I.C.C. Case No.60 of 2010/T.C. No.174 of 2011 for offence punishable under section 138 of the N.I. Act and vide impugned judgment and order dated 27.08.2012, the petitioner was found guilty of the offence charged and sentenced to undergo simple imprisonment for one year and to pay a compensation of Rs.2,10,000/- (two lakh ten thousands) only to the complainant within a month failing which step was directed to be taken for realization of the said amount.

(3.) The petitioner preferred an appeal in the Court of learned Sessions Judge, Keonjhar which was registered as Criminal Appeal No.52 of 2012. It appears from the order sheet filed by the learned counsel for the petitioner that vide order No.2 dated 13.09.2012, the learned counsel for the petitioner was directed by the learned Appellate Court to deposit 10% of the compensation amount where afterp the case would be taken up for admission. The order sheet further revealed that time was taken by the petitioner on a number of occasions to comply the order dated 13.09.2012 and ultimately vide impugned order dated 09.04.2016, the appeal memo was rejected on the ground that the petitioner was absent on repeated calls and no steps were taken in spite of earlier direction.