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Judgment
Heard learned counsel for the parties. Perused the material available on record.
By the order dated 19.01.2019 passed by the learned Special Judicial Magistrate (N.I. Act Cases) No.1, Bikaner, the petitioner was convicted for the offence under Section 138 of the N.I. Act. The appeal preferred by the petitioner against his conviction has been rejected by the learned Additional Sessions Judge, No.3, Bikaner for non-prosecution vide order dated 18.10.2019 which is assailed in this revision.
It is the opinion of this Court that appellate court should not have rejected the appeal in default and rather, the accused appellant should have been summoned by a warrant of arrest by cancelling his bail bonds.
Having regard to the peculiar facts and circumstances as available on record, it is hereby directed that the petitioner shall appear before the appellate court on 05.02.2020 and deposit a sum of Rs.50,000/- whereupon, the impugned order dated 18.10.2019 shall stand revoked and the appeal shall stand restored to its original number. The appellate court shall proceed to hear the parties and decide the appeal within a period of two months from today.
With these observation and direction, the revision petition is allowed. Stay application is disposed of.