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2020 (12) TMI 1001 - HC - Indian LawsMaintainability of appeal - appeal was dismissed for not paying process fee - whether this is legal and proper or not - HELD THAT:- The First Appellate Court had admitted the appeal for hearing. In such cases, Section 385 of Cr.P.C., requires that the appeal shall be disposed of by notifying the date of hearing. Since in this case the appellant was the convicted accused, if his advocate failed to appear, the trial Court should have secured the presence of the appellant by following due process of law and proceeded with the appeal. Therefore, the impugned order of dismissal of the appeal is contrary to Section 385 of Cr.P.C., and unsustainable. Learned counsel for the complainant submits that the complainant is fighting a litigation since 2012. Therefore, if at all the matter is to be remanded, the complainant may be permitted to withdraw the amount deposited by the accused and time may be fixed for disposal of the appeal.The matter is remanded to the First Appellate Court for fresh consideration - Appeal allowed by way of remand.
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