Right to Appeal Cannot Be Curtailed in a Cursory Manner: Punjab and Haryana HC Sets Aside Ex Parte Appellate Decision in Cheque Dishonor Case
The High Court of Punjab and Haryana, in a critical judgment, underscored the importance of effective legal representation in appellate proceedings, setting aside an ex parte decision of the First Appellate Court in Lakhwinder Singh Vs. M/S Sew and Stitch.
Legal Point:
This case revolves around the conviction of Lakhwinder Singh under Section 138 of the Negotiable Instruments Act for the dishonor of a cheque amounting to ₹40 lacs. Singh’s appeal was dismissed by the First Appellate Court for non-compliance with the directive to deposit 20% of the compensation amount. The court conducted proceedings ex parte, without Singh’s proper representation.
Facts and Issues:
Singh, aggrieved by the lower court’s judgment and the ex parte appellate decision, contended that the hearing lacked adequate representation, a crucial element underscored in the Supreme Court judgment “K. Muruganandam & Ors Vs. State rep. by the Deputy Superintendent of Police & Anr.”
Court’s Assessment:
Justice Kuldeep Tiwari, scrutinizing the appellant’s situation, noted that the appellate hearing was conducted ex parte, and none of the grounds raised in Singh’s appeal were considered. Highlighting the Supreme Court’s decision in “Bani Singh Vs. State of U.P.”, the court observed that the Appellate Court is obligated to dispose of appeals on merits rather than non-prosecution.
The judge remarked, “The appeal is a statutory right of a convict, which cannot be taken away in a cursory manner. The adequate protection granted under the Statute should be adhered to and that adequate protection also includes the adequate and effective representation of the appellant.”
Decision: The High Court remanded the case to the Appellate Court for a fresh decision, subject to Singh appearing before the court and depositing 20% of the compensation amount. This decision reinstates the fundamental legal principle that adequate representation is key to ensuring justice.
Date of Decision: March 20, 2024
Lakhwinder Singh Vs. M/S Sew and Stitch
