Talluri Moshe, vs The State Of A.P.,
2022 Latest Caselaw 999 AP

          HON'BLE SRI JUSTICE K.SURESH REDDY

                   CRL.R.C.NO.1033 OF 2008

ORDER:-

        Questioning the Judgment passed by the I Additional

District and Sessions Judge, Guntur in Criminal Appeal No.210 of

2007, dated 02-07-2008, the revision petitioner filed the present

Criminal Revision Case.

        The petitioner was convicted by the V Additional Junior

Civil Judge, Guntur in C.C.No.351 of 2006 under Section 138 of

the Negotiable Instruments Act and was sentenced to suffer

simple imprisonment for six(6) months and also to pay a fine of

Rs.500/- in default to undergo simple imprisonment for one

month, vide judgment dated 26-06-2007. Questioning the said

conviction and sentence, the petitioner filed Criminal Appeal

No.210 of 2007 before the I Additional District and Sessions

Judge, Guntur.

        On 02-07-2008 a petition was filed before the appellate

court    seeking   to   dispense   with   the   presence   of   the

petitioner/appellant. The learned appellate Judge dismissed the

said petition and dismissed the Appeal on the ground batta was

not paid. Notice also was not ordered to the respondent-

complainant in the above Criminal Appeal.

As such, this court is of the considered view that the

learned I Additional District and Sessions Judge, Guntur ought to

have given a chance to the petitioner to prosecute his Appeal,

which is a conviction Appeal. Dismissing the conviction Appeal

for default was deprecated by the Hon'ble Apex Court.

In that view of the matter, the judgment, dated

02-07-2008 passed by the I Additional District and Sessions

Judge, Guntur in Crl.A.No.210 of 2007 is hereby set aside and

the matter is remitted back to the appellate court for disposal in

accordance with law. Further, the revision petitioner is directed

to cooperate with for early disposal of the Appeal.

Accordingly, with the above direction, the Criminal

Revision Case is allowed.

Miscellaneous Petitions pending, if any, shall stand closed

in consequence.

__________________ K.SURESH REDDY,J 23-02-2022.

TSNR