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2007 DIGILAW 2839 (MAD)

Rajam v. Reci Glory

2007-09-04

G.RAJASURIA

body2007
Judgment :- 1. This Criminal Revision Case is focussed to set aside the order passed by the Court of District and Sessions Judge, Nagercoil in Cr.M.P.S.R.No.1120 of 2007 dated 27.04.2007 in C.A.No.237 of 2004. 2. Heard the learned counsel for the petitioner as well the learned Government Advocate(Criminal side). In view of the order which is going to be passed here under no notice to the first respondent is required. 3. The background facts which are absolutely necessary and germane for the disposal of this Criminal Revision would run thus: As against the judgment of the learned Judicial Magistrate No.1, Kuzhithurai in S.T.C.No.980 of 2003 dated 08.10.2004, the Criminal Appeal No.237 of 2004 was filed before the Sessions Judge, Nagercoil, who dismissed the appeal by passing the following cryptic order: "Steps is not taken, even though posted today finally and this shows that the appellant is not interested in prosecuting the appeal and hence the appeal is dismissed for default." (Sic) There upon Cr.M.P.S.R.No.1120 of 2007 was filed for restoring the appeal which was returned with the following endorsement: "It may be stated as to how this petition is maintainable before this Court." 4. The mere narration of the fact would show that the procedure adopted by the Sessions Judge was not correct. As per Criminal Procedure Code, the Criminal Appeal should not have been dismissed for default. Even before numbering, the procedural formalities should have been considered; once the appeal has been taken on file it should be disposed of on merits, whether parties appear or not. 5. Hence, in this view of the matter, cutting across the technicalities but with the intention to render substantial justice, I hereby set aside the said order passed by the learned Sessions Judge, Nagercoil, in the appeal and direct him to restore the appeal on file and dispose it of as per law on merits. The petitioner shall co-operate with the Court. In view of the latches on the part of the petitioner, he shall deposit a sum of Rs.500/-(Rupees Five Hundred only) before the Tamil Nadu Mediation and Conciliation Centre, attached to this Bench on receipt of this order immediately. 6. With the above observation the criminal revision case is disposed of.