TMI Blog2020 (12) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Crl.R.P.No.1567/2016 - - - Dated:- 1-10-2020 - THE HON'BLE MRS. JUSTICE K.S.MUDAGAL FOR THE PEITIONER: BY SRI. P.NATARAJU, ADV. FOR THE RESPONDENT : BY SRI. SYED ABDUL SABOOR, ADV. ORDER Whether the impugned order dated 28.11.2016 in Crl.A.No.258/2015 passed by the I Additional Sessions Judge, Mysuru dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected the defence of the accused and convicted them for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced them to pay fine of ₹ 2,75,000/- and in default to undergo simple imprisonment for six months. Out of the fine amount, ₹ 2,70,000/- was awarded to the complainant as compensation. 7. The accused challenged the said order before the I Additional Sessions Judge, Mysuru in Crl.A.No.258/2015. On 24.06.2016 the notice issued to the complainant/respondent was returned with an endorsement addressee vacated . Thereafter, the matter was adjourned for six times from time to time upto 28.11.2016 for taking fresh steps to the complainant/respondent. 8. The certified copy of the order sheet i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess. Learned counsel for the respondent submits that presently also complainant is residing in the same address. 13. The appeal was dismissed on the ground that the appellant's counsel did not appear to take steps to issue process. By virtue of the interim order of this Court, the accused have already deposited 50% of the Cheque amount. They had suffered an order of conviction and sentence. 14. 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 appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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