- (1.) The subject matter of challenge in this criminal revision is an ex parte order of dismissal of a criminal appeal against an order of conviction under Section 138 of the Negotiable Instruments Act.
(2.) Heard the Learned Counsels appearing on behalf of the parties. Perused the impugned order and other materials on record.
(3.) It appears from the impugned order on the date fixed for hearing of the appeal neither the appellant nor his lawyer was present in Court. When the Appellate Court took up the appeal for hearing and dismissed the same on the following findings; "I have perused the impugned order of the ld. Magistrate and on perusal of the said impugned order I am of the view that the Ld. Court below rightly convicted the appellant-accused on perusal of evidence papers and other materials on record. As there is no ambiguity, or discrepancy or irregularity in the judgement passed by the Ld. Trial Court, I am of the view that this Court has no scope to interfere with the judgement of Ld. Trial Court. Hence, the judgement and order of conviction passed by the Ld. Trial Court is confirmed. Hence, it is Ordered That the judgement dt. 13.2.09 passed by the ld. Judicial Magistrate 1st Court, Jalpaiguri, is affirmed and the appeal is dismissed on merit. The appellant-accused will appear before the ld. Trial Court within 7 days of this order in order to serve out the imprisonment and the compensation as awarded by the Ld. Trial Court.";