G UDAYA RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though this appeal is listed for hearing on I.A, in view of the fact that a short question of law is involved, by consent of both the sides, matter is heard for final disposal.

(2.) The appellant has been cited as CW15 in S.C.No.322/12 on the file of Fast Track Court at Hunsur. During the trial of the case, summons were issued to the appellant for his appearance before the Court. However, since he failed to appear before the Court, NBWs were issued against him. Even the NBWs were not executed, but were returned with a report that the warrant has been duly served on the appellant. Under these circumstances, on 21.2.2013, since the appellant remained absent, the learned Sessions Judge took cognizance of the offence punishable under Section 350 of Code of Criminal Procedure and directed issue of show cause notice to the appellant as to why action should not be taken against him under Section 350 of Cr.P.C for not attending the Court, returnable by 28.2.2013. The show cause notice issued was served on the appellant. However, in spite of the same on 28.2.13, the appellant did not appear before the learned Sessions Judge nor submitted any explanation for his absence. Under those circumstances, the learned sessions Judge by the order under appeal directed the appellant to pay a maximum fine of Rs.100/- and in default to undergo Simple Imprisonment for 2 days, for not attending the Court in obedience to the summons issued. Recovery warrants were also ordered to be issued against the appellant for recovery of the fine. The learned Sessions Judge further directed that intimation be sent to the Superintendent of Police, Mysore to enter in the confidential record of the appellant in respect of the fine imposed by the Court. Aggrieved by the said order, the appellant has presented this appeal, principally on the contention that the procedure adopted by the learned Sessions Judge in proceeding to impose fine as contemplated under Section 350 of Code of Criminal Procedure in the absence of the appellant before the Court is bad in law and therefore, it is liable to be set aside.

(3.) I have heard the learned counsel on both the sides.