The revision petitioner is aggrieved by the conviction and sentence against him under Section 138 of N.I Act in C.C.No.545/2007 of Judicial First Class Magistrate Court, Kayamkulam. Against the conviction and sentence he approached the Additional Court of Session, Mavelikkara with Crl.A No.91/2011. The learned Additional Sessions Judge dismissed the Criminal Appeal by order dated 28.6.2011 for default. Now the said order is under challenge in this revision.
2. Inspite of notice given the respondent/ complainant remained absent in this proceedings.
3. On hearing the learned counsel for the revision petitioner, I find that reasonable opportunity can be granted to the revision petitioner to prosecute the appeal with diligence by taking necessary steps, and the appeal requires decision on merits. Being a Criminal Appeal, challenging conviction and sentence, the appeal will have to be heard and decided on merits.
Crl.R.P No. 941 of 2014 2 In the result, this revision petition is allowed. The impugned order of the court below is hereby set aside, and the Crl.A No.91/2011 is remanded to the court below for hearing and disposal on merits. The court below shall grant reasonable opportunity to the appellant to take necessary steps for process to the respondents within three months from the date of appearance. The revision petitioner will appear in the court below on 9.7.2014.
P.UBAID JUDGE ab