C. T. RAVIKUMAR, SANJAY KUMAR
Taj Mohammad – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER
1. Leave granted.
2. This appeal is directed against the judgment and final order dated 12.05.2022 passed by the High Court of Judicature at Allahabad in Criminal Revision No.2562 of 2017. The revisionist is before this Court. He was convicted in Complaint Case No.1808 of 2016 under Section 138 of the Negotiable Instruments Act, 1881. In Criminal Appeal No.158 of 2016, his conviction and sentence were confirmed. Aggrieved by the order passed in the appeal confirming the order of the Trial Court, the appellant herein moved the stated revision petition which ultimately culminated in the order impugned.
3. We have heard the learned counsel appearing for the appellant, the learned counsel appearing for the respondent-State of Uttar Pradesh and also the learned counsel for respondent No.2.
4. We have carefully gone through the impugned order. It would reveal that the learned counsel for the appellant as also the appellant were absent when the matter was taken up for hearing. The order would further reveal that after noting their absence, the Court perused the records and ultimately passed the order impugned. However, the order does not reflect consideration of the case on merits. In o
A criminal revision cannot be dismissed for default; it must be considered on its merits, and any order affecting personal liberty must be reasoned.
Appellate courts must scrutinize trial records and cannot dismiss criminal appeals summarily for appellant's default or non-representation.
The dismissal of a criminal appeal for non-prosecution is impermissible; courts must ensure a hearing on merits and may appoint amicus curiae if necessary.
The appellate court cannot dismiss a conviction appeal for non-appearance; it must appoint amicus curiae and decide the appeal on merits, safeguarding the accused's right to liberty.
Criminal Courts lack the power to review their own orders, and dismissal for non-prosecution is justified when the complainant fails to appear consistently.
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