SUNNY @ ERON Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc. Petition under Section 482 has been filed against the order dated 20.6.2009 passed by learned Sessions Judge, Ajmer in Cr. Appeal No. 130/2009 whereby the appeal of the present petitioner has been dismissed for non prosecution.

(2.) The short facts of the case are that a written report was filed by Smt. Om Kali Devi for the offence under Section 379 IPC. After investigation charge sheet has been filed against the present petitioner for the offence under Section 394/34 IPC and after trial, the present petitioner has been convicted for the above offence and sentenced for 3 years simple imprisonment and a fine of INR 2000/- and in default to deposit the fine to further undergo a sentence of 6 months S.I vide order dated 30.4.2009. The present petitioner aggrieved of this order preferred an appeal but could not appear before the learned court below as his brother-in-law was facing some criminal case there and court has dismissed his appeal without considering the merits of the case vide impugned order, hence this petition.

(3.) The only contention of the present petitioner is that the appeal cannot be dismissed for non prosecution, hence the court below be ordered to decide the appeal after giving opportunity of hearing to the present petitioner. The learned Public Prosecutor has left the matter at the discretion of the court.