Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1420 OF 2008
(Arising out of SLP (Crl.) No. 1307 of 2008)
Neelakanteswaraswamy ….Appellant
Versus
M. Mahadevamurthy …Respondent
O R D E R
1. Leave granted.
2. This appeal is directed against the final order dated
th
16 of August, 2007 passed by the High Court of Karnataka
at Bangalore in Criminal Revision Petition No. 412 of 2007,
whereby the High Court had dismissed the Criminal Revision
Petition and confirmed the findings recorded by the trial
Court in C.C. No. 8325 of 2004.
3. Having heard the learned counsel for the parties and
after examining the impugned order as well as the other
materials on record, we are of the view that the impugned
order cannot be sustained. It is an admitted position that the
st
summons were issued on 31 of July, 2006, by which the
2
th
accused/appellant was directed to appear on 7 of
December, 2006. However, the admitted position now is
that the proceedings were pre-poned in respect of which, no
notice was served upon the appellant and accordingly, the
matter was disposed of by the trial Court on the aforesaid
pre-poned date. Such being the position, we set aside the
impugned order and remit the matter back to the trial Court
to decide the same afresh in accordance with law in
presence of the parties. The appellant shall appear before
th
the concerned Court on 4 of January, 2009 for which, no
further notice is required to be served on both the parties.
4. Accordingly, the appeal is allowed to the extent
indicated above.
……………………….J.
[Tarun Chatterjee]
New Delhi; ………………………J.
September 08, 2008. [Aftab Alam]