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Judgment
V.S. Aggarwal, J.
This revision petition is filed against the judgment passed by the learned Addl. Sessions Judge, Ferozepur on 30.3.1995. By virtue of the impugned judgment, the learned Addl. Sessions Judge, Ferozepur dismissed the appeal filed by the petitionerKhushal Singh in default. Needless to say that the learned Judicial Magistrate 1st Class, Ferozepur had held the petitioner guilty of the offences punishable under Sections 419 and 420 read with Section 511 of the Indian Penal Code. The petitioner has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/ with respect to the sentence punishable under Section 419 of the Indian Penal Code. In default of payment of fine, he was to further undergo Rigorous Imprisonment for one month. With respect to the sentence punishable under Section 420/511, I.P.C. the petitioner was to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/. In default of payment of fine, he was to further undergo R.I. for one month.
There is a controversy that is being raised that appeal should not have been dismissed in default. Necessarily, the revision petition, therefore, must be allowed for a decision by the learned Addl. Sessions Judge, Ferozepur on merits of the appeal.
Keeping in view the aforesaid, I accept the revision petition and set aside the order passed by the learned Addl. Sessions Judge, Ferozepur. The learned Addl. Sessions Judge, Ferozepur is directed to decide the appeal on merit. It be listed before the said Court on 1.6.1995.