KISHORI LAL Vs. GIAN CHAND & ANOTHER

JUDGEMENT

(1.) The petitioner herein stood convicted by the learned Chief Judicial Magistrate, Mandi, for his committing an offence punishable under Section 138 of the Negotiable Instrument Act also consequent sentence(s) stood imposed upon him. Standing aggrieved there from, the petitioner herein preferred an appeal before the learned Additional Sessions Judge-1, Mandi. However, on 17.01.2017 neither the petitioner herein nor his counsel recorded their appearance before the learned Additional Sessions Judge-I, Mandi, whereupon, he for want of its prosecution, hence, stood constrained to dismiss Criminal Appeal No. 29 of 2013. Since, in pursuant to the order of conviction standing pronounced upon the petitioner herein by the learned Chief Judicial Magistrate, Mandi, also with consequent sentence(s) standing imposed upon him, thereupon, the petitioner/convict held the statutory facilitation to contest in appeal the apposite verdict pronounced upon him by the learned Chief Judicial Magistrate also when for want of his appearance before the learned Additional Sessions Judge-I, Mandi on 17.01.2017, his appeal stood dismissed, for hence his inability to prosecute it, yet any affirmation by this Court of the impugned verdict, would entail upon him the ill fate of his suffering the sentence of imprisonment imposed upon him by the learned Chief Judicial Magistrate. The aforesaid causality would impinge upon his liberty also would disrobe him of his legitimate statutory right to contest his conviction and consequent imposition of sentence(s) upon him by the learned Chief Judicial Magistrate, Mandi.

(2.) Moreover, the learned Additional Sessions Judge, Mandi, despite the petitioner nor his counsel recording their respective appearance(s) there before on 17.01.2017 stood enjoined to in accordance with the apposite procedure prescribed in the Cr.P.C. proceed to elicit there before the presence of the petitioner herein, comprised in his issuing bailable warrants or non bailable warrants upon him rather than his in a summary manner proceeding to dismiss criminal appeal No. 29 of 2013, merely for want of appearance there before of the petitioner herein or his counsel. Also the aforesaid dismissal of criminal appeal No. 29 of 2013 by the learned Additional Sessions Judge-1, Mandi is beyond his jurisdictional domain, as the relevant procedure and laws do not empower the learned Additional Sessions Judge-1, Mandi, to, for want of appearance, on the relevant date, of the appellant/petitioner herein or his counsel, to proceed to hence dismiss his statutory appeal. In sequel, the order impugned hereat is jurisdictionally void also suffers from a vice of grave illegality or impropriety.

(3.) For the foregoing reasons, the instant petition is allowed and the order impugned hereat is quashed and set aside. The learned Additional Sessions Judge-1, Mandi is directed to restore criminal appeal No. 29 of 2013 to its original number and thereafter decide it in accordance with law. The petitioner herein as also the respondent/complainant are directed to appear before the learned Additional Sessions Judge-1, Mandi on 24th April, 2017. All pending applications also stand disposed of.