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Appellate Court Can’t Dismiss Appeal Without Considering It On Merits

The Nagpur bench of the Bombay High Court in Dipak Tundalwar vs The Akola Janta Commercial Coop. Bank Limited & Ors has held that an appellate court cannot dismiss an appeal exercising its jurisdiction under Section 386, unless the matter has been decided on merits.

Justice SB Shukre allowed a writ petition challenging a sessions court order dated June 28, 2016, wherein an appeal was dismissed on default for failure to deposit paper book charges.

At the very outset, the court laid out the settled law in terms of the position of a criminal not being the same as in the case of a civil appeal governed by the Civil Procedure Code.

It was held by the Supreme Court in Kishan Singh vs State of Uttar Pradesh that the “criminal procedure requires in express terms, the matter to be considered on merit and therefore, a criminal cannot be non-suited for non-prosecution”.

Article referred: http://www.livelaw.in/appellate-court-cant-dismiss-appeal-s-386-without-considering-merits-bombay-hc/


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