The revision petitioner herein is very much aggrieved by the dismissal of an appeal brought by him before the Sessions Court, Vatakara, challenging the conviction and sentence against him under Section 138 of N.I Act, in S.T.No.43/2011 of the Judicial First Class Magistrate Court II, Vadakara. The appeal was later made over to the learned Additional Sessions Judge, Vadakara.
2. As a condition for suspension of sentence on admitting the appeal, the Court of Session, has directed the revision petitioner in Crl.M.P No.286/2012, to execute bond, and also to deposit a fraction of the compensation. On 20.8.2012, the learned Additional Sessions Judge, Vadakara dismissed the appeal for default, on the ground of failure on the part of the revision petitioner to comply with the conditions or directions made by the Sessions Court, on Crl.M.P No.1168/2012. Much probe or hearing is not required to find that the said dismissal is quite illegal. An experienced Sessions Judge is not expected to Crl.R.P No.977 of 2014 2 make such a disposal, dismissing the Criminal Appeal for default, on the ground that the accused failed to execute bond or deposit amount as a condition for suspension of sentence. If at all the accused failed to execute bond or to deposit the amount, the legal consequence is that there would not be suspension, and at any time he could be arrested in enforcement of the sentence. This will not stand in the way of his appeal being heard and decided on merits. I find that the dismissal of the appeal made by the court below is quite illegal, and the said illegality should necessarily be corrected by this Court in revision.
In the result this revision is allowed. The impugned judgment of the Court below dismissing the Crl.A No.249/2011 is hereby set aside, and the appeal is remanded to the Court below for hearing and disposal on merits, after hearing both sides. Notice for appearance to the parties shall be issued from the court below.
P.UBAID JUDGE ab