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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.Murali Shankar, J
Saravanan – Appellant
Versus
Krishnaveni – Respondent
ORDER :
K.Murali Shankar, J.
The Criminal Revision is directed against the judgment in C.A.No.69 of 2024, dated 26.07.2024 on the file of the learned Additional District Judge (FTC), Theni, dismissing the appeal for default.
2. The respondent/complainant has filed a private complaint under Section 200 of Cr.P.C., against the appellant for the offence under Section 138 of Negotiable Instruments Act .
3.The case of the respondent/complainant is that the petitioner has borrowed a sum of Rs.6,00,000/- on 03.05.2023 as hand loan from the complainant and issued a cheque, dated 15.07.2023 drawn on HDFC Bank, Cumbum Branch in favour the complainant; that when the complainant presented the cheque for collection through his banker Union Bank of India, Uthamapuram Branch, the same was returned for want of sufficient funds in the bank account of the accused on 27.09.2023; that when the same was intimated to the accused, he requested the complainant to present the cheque again and accordingly, when the cheque was presented again, the same was returned again dishonored as insufficient funds on 12.10.2013; that thereafter, the complainant sent a legal notice, dated 30.10.2023 demanding the amount cov
Dismissal of a criminal appeal for non-prosecution is impermissible without examining merits; courts must appoint amicus curiae if the appellant's counsel is absent.
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.
A criminal appeal cannot be dismissed for non-prosecution without a merits examination, as established by precedent.
An appellate court must consider the merits of an appeal and cannot dismiss it for non-prosecution or absence of the appellant or counsel per the Criminal Procedure Code.
An appellate court is prohibited from dismissing a criminal appeal for non-representation; it must decide on the merits after reviewing the evidence and trial court's findings.
The main legal point established in the judgment is that the appellate court is obligated to hear the appellant or their counsel and go through the records before disposing of the appeal, as per the ....
A criminal appeal once admitted cannot be dismissed for non-prosecution without a merits examination, ensuring fair legal representation.
The main legal point established is the discretion of the court to adjourn the hearing and the emphasis on deciding cases on merits with a judicial approach rather than dismissing them for default.
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