T. Ram Mohan vs The State Of Telangana
2025 Latest Caselaw 5102 Tel

Telangana High Court

T. Ram Mohan vs The State Of Telangana on 25 April, 2025

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       THE HONOURABLE SRI JUSTICE K.SURENDER
         CRIMINAL REVISION CASE No.303 OF 2025
JUDGMENT:

This Criminal Revision Case is filed by the petitioner

aggrieved by the docket order dated 21.09.2023 in Crl.A.No.1283

of 2017, on the file of VI Additional District & Sessions Judge-

Cum-VI Additional District and Sessions Judge-Cum-VI

Additional MSJ-Family Court, Ranga Reddy District at

Kukatpally.

2. Heard learned counsel for the revision petitioner and the

learned Assistant Public Prosecutor for respondent-State.

3. Learned Sessions Judge passed the following order:

"Appellant absent. No representation inspite of granting sufficient time, the appellant is called absent and failed to submit arguments. Hence the appeal is dismissed. The trial Court shall secure the presence of the accused by issuing NBW and get the sentenced imposed by it served."

4. The Appeal was filed against conviction under Section 138 of

Negotiable Instruments Act and petitioner was sentenced to

undergo imprisonment of 6 months.

5. The dismissal of the Appeal on the ground that the

appellant were called absent and failed to submit his arguments

is improper. The said dismissal would result in the petitioner

going to jail. Learned Sessions Judge ought to have disposed of

the appeal on merits if the petitioner or his counsel failed to

submit their arguments.

6. In the said circumstances, the docket order dated

21.09.2013 is hereby set aside and the appeal is restored on to

the file of learned Sessions Judge.

7. The petitioner shall pay cost of Rs.15,000/-. Petitioner or

his counsel shall argue before the Sessions Judge immediately

after the case is restored.

8. Learned Sessions Judge shall give a fair opportunity to the

petitioner to argue his case. In the event of taking dates or trying

to postpone the case, leaned Sessions Judge shall dispose of the

Appeal on merits.

9. Accordingly, Criminal Revision Case is allowed.

Miscellaneous applications pending, if any, shall stand closed.

_________________ K.SURENDER, J Date: 25.04.2025 dv