Kolhapur District Bijutpadak Sahakari Sangh Maryadit, Market Yard Through Sangram Vasantrao Patil v. Hanuman Gramin Bigar Sheti Sahakari Pat Sanstha Maryadit Male And ANR
Palkar 22.REVNST.560.17..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION (ST) NO.560 OF 2017 Kolhapur District Bijopadak Sahakari Sangh Kolhapur Through its Secretary ... Applicant V/s.
Shri. Hanuman Gramin Bigar Sheti Ssahakari Pat Sanstha Maryadit Male, TalPanhala & Anr. ... Respondents Mr. Anand Patil for the Applicant.
Mr. P.M. Arjunwadkar for Respondent No.1.
Mr. Amit Palkar, APP for the Respondent State. CORAM : A.S.GADKARI, J.
DATE : 25th SEPTEMBER 2018 P.C.:
1.
By the present revision, the applicant has impugned the Order dated 11.05.2016 passed by the Additional Sessions Judge, Kolhapur, thereby dismissing the Criminal Appeal No.54/2008 preferred by the applicant for default/nonprosecution. The said Appeal was preferred against the Judgment and Order dated 30.01.2008 passed by the learned Judicial Magistrate First Class, 1/2
Palkar 22.REVNST.560.17..doc Court No.8, Kolhapur in S.C.C.No.2793/2006, convicting the applicant under Section 138 of the Negotiable Instruments Act, 1881.
2.
The Hon'ble Supreme Court in the case of Bani Singh & Ors. Vs. State of U.P., reported in (1996) 4 SCC 720 : 1996 SCC (Cri.) 848, has categorically held that, a criminal Appeal should not be dismissed in default, but should be decided on merits. The said view is further followed by the Supreme Court in the case of Madan Lal Kapoor Vs. Rajiv Thapar & Ors. (2007) 7 SCC 623. 3.
In view thereof, the impugned order dated 11.08.2016 is quashed and set aside and the Criminal Appeal No.54/2008 is restored to the file of Additional Sessions Judge, Kolhapur. 4.
In view thereof, the application is allowed in the aforesaid terms.
(A.S.GADKARI, J.) 2/2