VIKRAM SINGH Vs. AVON KANWAR AND ANOTHER

JUDGEMENT

(1.) The instant Revision has been preferred against the order dated 18.10.2013 passed by the learned Additinal Sessions Judge, kimerpur in Criminal Appeal No. 16/2011 whereby, the learned Sessions Judge, while entertaining an appeal against the acquittal, preferred by the complainant reversed the judgment dated 20.6.2011 passed by the learned Judicial Magistrate (First Class), Sumerpur, District Pali in Regular Criminal Case No. 180/2001 and directed for retrial against the petitioner after adding the charge under Sec. 323 I.P.C. The learned Trial Court by its judgment dated 20.6.2011, acquitted the petitioner from the offence under Sec. 498-A I.P.C. The complainant, preferred an appeal which came to be allowed as stated above.

(2.) Challenge is made to the Appellant Court's order having been passed in disregard of the principle of natural justice without an opportunity of hearing being granted the petitioner-accused.

(3.) The learned Counsel for the petitioner submits that the notice of appeal which was issued by the learned Appellate Court was never served on the Petitioner. The Appellate Court wrongly treated the service to have been effected on the appellant for the date 21.7.2012. He drew the Court's attention to the report on the summons issued by the Appellate Court for the date of learning i.e. 21.7.2012 wherein it is mentioned that the serving official went to lie petitioner's house for effecting the service but the house was found locked, lie serving official already talked to the petitioner's father on his mobile number who replied that the petitioner was serving somewhere towards Surat ad he was not aware of his whereabouts. The learned Counsel submits that the appellate Court while passing the order dated 18.10.2013 recorded that the common was served on the petitioner's father whereas the facts remains that lie summon was neither served on the appellant or his father. Thus, he prays tat the order passed by the learned Appellate Court deserves to be set aside and the matter deserves to be remanded back to the Appellate Court for a fresh decision of the appeal.