Joginder Saini vs State Of U.P. And Another
2022 Latest Caselaw 20169 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- CRIMINAL REVISION No. - 5025 of 2022
 

 
Revisionist :- Joginder Saini
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Dinesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Dinesh Kumar Mishra, learned counsel for the revisionist and Sri Ravinder Kumar Singh, learned A.G.A. for the State and perused the material on record.

This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionist for set-aside the impugned order dated 04.11.2022, passed by Additional Sessions Judge, Court No. 5 Bulandshahr in Criminal Appeal No. 159 of 2022 (Joginder Saini Vs. Satendra Singh & another) by which Criminal Appeal has been dismissed for want of prosecution which was filed against the judgment and order dated 29.06.2022, by which the appellant convicted under Section 138 of Negotiable Instrument Act.

Learned counsel for the appellant submits that as per settled law the criminal appeal should not be dismissed for want of prosecution.

In support of his submission, he has placed reliance upon a judgment of Apex Court in K. Muruganandam and others Vs. State Rep. by the Deputy Superintendent of Police and other, 2021 SCC OnLine SC 690, after relying upon the case Kabira Vs. State of Uttar Pradesh 1981 Supp SCC 76 and Mohd. Sukur Ali Vs. State of Assam (2011) 4 SCC 729, wherein the Apex Court held that it is well settled that if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, but cannot dismiss the appeal merely because of non-representation or default of the advocate for the accused.

Learned counsel for the appellant further submits that the appellant wants to decide the present case in the guidelines of the judgment of the Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 2 S.C.C. (Cri) 1328.

In view of the facts and circumstances of the case, the order is set-aside and matter is remanded back to the court below and decide the Criminal Appeal No. 159 of 2022 afresh, after registering its original number.

With the aforesaid observation, the present criminal revision is finally disposed of.

Order Date :- 6.12.2022

Ishan