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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.Murali Shankar
P.Sethu – Appellant
Versus
R.Selvakumaran – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. arguments regarding appeal dismissal (Para 3 , 4 , 5) |
| 3. court observations on appeal procedure (Para 7) |
| 4. legal ruling on appeal dismissal (Para 8) |
| 5. conclusion and order to proceed with appeal (Para 9 , 10) |
ORDER :
K. Murali Shankar, J.
This Criminal Revision is directed against the order passed in Crl. A.No.89 of 2021, on the file of V Additional District Court, Madurai, dismissing the appeal for default.
2. The respondent / complainant has filed a private complaint under Section 200 Cr.P.C., against the appellant for the offence under Section 138 of the Negotiable Instruments Act. The learned Judicial Magistrate, after full trial, has passed the judgment dated 03.07.2021, finding the appellant guilty for the offence under Section 138 of the Negotiable Instruments Act and convicted and sentenced him to undergo six months Simple Imprisonment and to pay compensation of Rs.10,00,000/-(Rupees Ten Lakhs only) to the complainant and in default to undergo two months Simple Imprisonment. Aggrieved by the judgment of conviction, the accused has preferred an appeal in Crl.A. No. 89 of 2021 and was pending on the file of V Additio
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.
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.
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.
A criminal appeal cannot be dismissed for non-prosecution or because of non-appearance of the counsel for the appellant. The court can appoint an amicus curiae to proceed with the hearing of the matt....
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