Manu Singh vs The State Of Jharkhand
2024 Latest Caselaw 341 Jhar

Jharkhand High Court

Manu Singh vs The State Of Jharkhand on 12 January, 2024

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Revision No. 728 of 2022
         Manu Singh                                 .... .. ... Petitioner(s)
                        Versus
         1.The State of Jharkhand.
         2.Lal Singh                                 .. ... ...Opp. Party(s)
                        ...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

         For the Petitioner(s) :      Mr. A. K. Sahani, Advocate
         For the State              : Mr. S. Kr. Mahato, APP
         For the O.P. No.2 :          Mr. P. K. Prasad, Advocate
                        ......

08/ 12.01.2024. Heard, learned counsel for the parties.

1. The instant Crl. Revision is directed against the concurrent finding of the learned court below vide the order dated 06.06.2022 passed in Criminal Appeal no. 58/2019 by the court of Session Judge, Hazaribag upholding the judgment of conviction and order of sentence dated 22.04.2019 passed by learned Judicial Magistrate 1st Class, Hazaribag in Complaint case no. 1259/2018 whereby and where under the Petitioner was directed to pay Rupees One Lakh Ten Thousand (Rs. 1,10,000/-) to the opposite party no. 2 as compensation and imposed simple imprisonment of three months (3 months) under 138 of N.I. Act.

2. The main ground is that the Appeal preferred by the petitioner was dismissed for default which impermissible.

3. Learned counsel for the State assisted by learned counsel for the O.P. No.2 has defended the impugned judgment.

4. Law is settled that a criminal appeal cannot be dismissed for default for non-

prosecution. If the counsel on behalf of the Appellant does not appear, the said appeal could have been disposed of by appointing counsel from the legal aid panel or as amicus curaie.

5. In view of the fact that the criminal appeal has been dismissed for non-

prosecution, the impugned order is set aside and the matter is remanded back to the Learned Court below to dispose of the appeal on merit, after hearing the parties. Appellant is directed to appear before the learned Session Judge, Hazaribag on 30th January 2024 for hearing. Appeal shall be disposed of by 30th April 2024.

Revision petition accordingly stands disposed of. I.A., if any, stands disposed of.

(Gautam Kumar Choudhary, J.) Sandeep/

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