R. Jayanthi vs State of Karnataka

Leave granted.

Heard the learned Counsel for the Appellant as well as learned Counsel for the State of Karnataka.

It appears that the Appellant did not have proper representation when Criminal Appeal No. 1200 of 2005 came to be allowed by a learned Single Judge of the Karnataka High Court on 3rd February, 2012. This was because the case papers were transferred to another Advocate at the last moment and he did not appear when the matter was taken up. By judgment and order dated 3rd February, 2012, the order passed by the Trial Court acquitting the Appellant under the Prevention of Corruption Act, has been reversed and she has been convicted and sentenced to undergo six months simple imprisonment and a fine of Rs. 5,000/- u/s 7 and to undergo simple imprisonment for one year and a fine of Rs. 5,000/- u/s 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

Having noted that the Appellant did not have representation before the High Court under the circumstances which have been explained by the Appellant, we accept the explanation. The judgment and order rendered by the High Court is, therefore, set aside only on this point. The Criminal Appeal No. 1200 of 2005 will stand restored to the file of the Karnataka High Court. We request the Karnataka High Court to take up and dispose of the appeal at the earliest possible. This appeal is disposed of accordingly.