The Supreme Court in the case Taj Mohammed V. State of Uttar Pradesh observed and has held that the revision petition must be considered on merits even in the absence of a party or the counsel appearing for the party, in accordance with the parameters for consideration of a revision petition.
The court also referred to the ruling in the case Madan Lal Kapoor v. Rajiv Thapar, wherein the court held that the criminal appeal must not be dismissed for default and held that this rule would also apply to criminal revisions.
The Division bench comprising of Justice C T Ravikumar and Justice Sanjay Kumar was considering the challenge to an order of dismissal of a criminal revision petition moved by the Allahabad High Court.
In the present case, the appellant was convicted under Section 138 of the of the Negotiable Instruments Act, 1881. Thus, In an appeal moved, his conviction was reaffirmed by the High Court.
Therefore, the review plea was moved by the appellant before the High Court and the same was dismissed. Aggrieved with the same, the Appellant approached the Supreme Court.
The Apex Court in the case observed and has found that the order to be a non-reasoned order, without any consideration on merits.
The Apex Court in the case observed after holding that a revision petition cannot be dismissed without consideration on merits, the said court remanded the matter back to the High Court for fresh consideration.
The court while considering the facts and circumstances of the case that the matter pertains to the year 2017, the High Court was asked to consider it expeditiously.
