PURAN CHAND Vs. GHANSHYAM RANA

JUDGEMENT

(1.) By medium of this application, the applicant/ petitioner has sought recalling of the order dated 13th June, 2017 whereby the sentence as imposed by the learned Magistrate was ordered to be suspended subject to deposit of Rs. 1,00,000/- in the Registry of this Court within a period of eight weeks.

(2.) It is stated that the Criminal Appeal that had been filed before the learned Appellate Court had been dismissed in default rather than the same being decided on merits and otherwise envisaged under the Law. Therefore, in absence of adjudication by the learned Appellate Court, the condition imposed by this Court is unduly harsh as the applicant/petitioner still has a chance to prove his innocence.

(3.) I have considered the application and find merit in the same. It is more than settled that a criminal case has to be decided on merits and therefore cannot be dismissed in default. Detailed reference to the legal position needs to be made while adjudicating the revision petition on merits.