( 1 ) THE appellant in these appeals was convicted by the VIth Additional district and Sessions Judge, Moradabad for the offence under S. 392 and 397 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years. The appellant preferred an appeal being Criminal Appeal no. 2141 of 1975 in the High court and on the appeal being admitted, the appellant was released on bail during the pendency of the appeal. The appeal came up for hearing before a Single Judge of the High court on 7/08/1979, but no one was present on behalf of the appellant at the time when the appeal reached hearing. The learned Judge thereupon passed an Order dated 7/08/1979 dismissing the appeal. It was not stated in the Order that the appeal was being dismissed on merits or that the reasons for the dismissal of the appeal would be given later. In fact, the Order noted in the Order-sheet of the appeal was as follows: "no one appears on behalf of the accused-appellant. The appeal is dismissed in default. " this noting would clearly show that the appeal was dismissed for default ofappearance of the appellant. The appellant was unfortunately not aware of the hearing of the appeal and it was onl