JUDGMENT:

This Criminal Revision Case is filed by the petitioner aggrieved by the docket order dated 21.09.2023 in Crl.A.No.1282 of 2017, on the file of VI Additional District & Sessions Judge- Cum-VI Additional District and Sessions Judge-Cum-VI Additional MSJ-Family Court, Ranga Reddy District at Kukatpally.

2. Heard learned counsel for the revision petitioner and the learned Assistant Public Prosecutor for respondent-State. 3. Learned Sessions Judge passed the following order: “Appellant absent. No representation inspite of granting sufficient time, the appellant is called absent and failed to submit arguments. Hence the appeal is dismissed. The trial Court shall secure the presence of the accused by issuing NBW and get the sentenced imposed by it served.”

4. The Appeal was filed against conviction under Section 138 of Negotiable Instruments Act and petitioner was sentenced to undergo imprisonment of 6 months.

5. The dismissal of the Appeal on the ground that the appellant were called absent and failed to submit his arguments is improper. The said dismissal would result in the petitioner going to jail. Learned Sessions Judge ought to have disposed of the appeal on merits if the petitioner or his counsel failed to submit their arguments.

6. In the said circumstances, the docket order dated 21.09.2013 is hereby set aside and the appeal is restored on to the file of learned Sessions Judge.

7. The petitioner shall pay cost of Rs.15,000/-. Petitioner or his counsel shall argue before the Sessions Judge immediately after the case is restored.

8. Learned Sessions Judge shall give a fair opportunity to the petitioner to argue his case. In the event of taking dates or trying to postpone the case, leaned Sessions Judge shall dispose of the Appeal on merits.

9. Accordingly, Criminal Revision Case is allowed.

Miscellaneous applications pending, if any, shall stand closed.

_________________ K.SURENDER, J