JUDGMENT 1. - Heard.The learned Munsif Magistrate, Ratangarh by his judgment and order dated 17.6.91 convicted the present petitioner and one Bharuram for offence under Section 420 I.P.C. and sentenced each of them to undergo 6 months' R.I. and a fine of Rs. 100/- in default to further undergo 15 days imprisonment. Aggrieved from the judgment and order passed by the learned Munsif Magistrate dated 17.6.91, the present accused petitioner preferred an appeal before the learned Addl. Sessions Judge, Ratangarh bearing Criminal Appeal No. 52/91 and the learned Additional Sessions Judge, Ratangarh by his order dated 29.6.98 dismissed the appeal filed by the petitioner for non-prosecution placing reliance on the case reported in AIR 1987 (SC) 1500 , Ram Naresh Yadav v. State of of Bihar . 2. Aggrieved from the order dated 29.6.98, the petitioner has preferred the present revision petition. 3. The learned counsel for the petitioner has placed reliance on the case of Bani Singh v. State of U.P., reported in 1996 SCC (Cri.) 848 . 4. In the case of Bani Singh v. State of U.P. (supra), the Hon'ble Supreme court has held that dismissal of appeal for default or 5 non-prosecution without going into merits of the case is illegal and the judgment on which learned Addl. cessions Judge, Ratangarh has placed reliance has also been overruled by the above authority. 5. Thus, the order dated 29.6.98 passed by the learned Addl. Sessions Judge, Ratangarh is illegal and the same is set aside and the case is to remanded back to the learned Addl. Sessions Judge, Ratangarh to decide the same on merits. 6. With these observations, the present revision petition is disposed of.Revision disposed of. *******