ORDER SHEET
IN THE
HIGH COURT OF SINDH, KARACHI
Criminal Revision Application No.205
of 2021
(Mansoruddin
Ahmed vs. The State)
DATE ORDER
WITH SIGNATURE OF JUDGE
1. For orders on office objection at A
2. For hearing of case
3. For hearing of M.A.No. 9786/2021
28.09.2022
Mr. Liaquat Ali Meyo advocate for applicant
Mr. Khadim Hussain Addl.P.G for the State
-.-.-.-.-.-.-
IRSHAD ALI SHAH, J.- Facts in brief necessary for disposal of instant Revision
Application are that the applicant was convicted under Section 489-F PPC and
sentenced to undergo R.I for 03 years with fine of Rs.30,000/- and in default
whereof to undergo simple imprisonment for 15 days, for issuing a cheques,
which subsequently was bounced by learned Judicial Magistrate-XVIII, Karachi
South, vide judgment dated 19.02.2020, which he impugned by preferring an
appeal, it was dismissed by learned VIII-Additional Sessions Judge, Karachi
South on account of failure of appellant and his counsel to pursue the same
vide judgment dated 30.07.2021, which is impugned by the applicant before this
Court by preferring the instant Revision Application.
2. It is
contended by learned counsel for the applicant that the appeal of the applicant
has been dismissed by learned Appellate Court without considering its merits
thereby the applicant has been denied right of fair trial. By contending so, he
sought for remand of the matter to learned Appellate Court for disposal of the
appeal of the applicant on its merit, which is not opposed by learned Addl. P.G
for the State.
3. Heard
arguments and perused the record.
4. The appeal
once admitted to its regular hearing is to be disposed of on merit. If for the
sake of arguments, it is believed that the applicant and his counsel failed to pursue
their appeal before learned Appellate Court, even then such fact alone could
not have been made a reason by learned Appellate Court for recording dismissal
of the appeal of the applicant abruptly without considering its merits, such
exercise obviously has prejudiced the applicant in his defence seriously, which
is against the mandate contained by Article 10-A of the Constitution of Islamic
Republic of Pakistan, 1973, which prescribes right of fair trial.
5. In
case of Muhammad Ashiq Faqir vs. The
State (PLD 1970 S.C 177), it has been
held by Hon’ble Apex Court that;
“The provisions relating to appeal are contained in
Chapter 31 of the Code. Section 419 provides that every appeal shall be made in
the form of a petition in writing presented by the appellant or his pleader,
and every such petition shall be accompanied by a copy of the judgment or order
appealed against. Under section 421 the appellate Court on receiving the
petition and copy under section 419, shall peruse the same and if it considers
that there is no sufficient ground for interfering, it may dismiss the appeal
on merit. Provided that no appeal shall be dismissed unless the appellant or
his pleader has had a reasonable opportunity of being heard in support of the
appeal." The succeeding section 422 provides for notice to be given to the
appellant or his pleader and to such officer as the Provincial Government may
appoint in this behalf. Under section 423 if the appeal is not dismissed under
section 421, the appellate Court shall after the issue of notice, send for the
record of the case, if such record is not already in Court, and after perusing
such record and hearing the appellant or his pleader, if he appears and the
Public Prosecutor, if he appears, the Court may, if it considers that there is
no sufficient ground for interfering, dismiss the appeal…..”
6. In
view of above, the impugned judgment is set aside with direction to learned Appellate
Court to dispose of the appeal of the applicant on merits by providing chance
of hearing to all the concerned.
7. Instant
Revision Application is disposed of accordingly.
JUDGE