IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL  APPEAL NO. 1420  OF 2008 (Arising out of SLP (Crl.) No. 1307 of 2008)

Neelakanteswaraswamy ….Appellant

Versus

M. Mahadevamurthy …Respondent

O R D E R

1. Leave granted.   

2. This appeal is  directed against  the final  order dated

16th of August, 2007 passed by the High Court of Karnataka

at Bangalore in Criminal Revision Petition No. 412 of 2007,

whereby the High Court had dismissed the Criminal Revision

Petition  and  confirmed  the  findings  recorded  by  the  trial

Court in C.C. No. 8325 of 2004.   

3. Having heard the learned counsel for the parties and

after  examining  the  impugned  order  as  well  as  the  other

materials on record, we are of the view that the impugned

order cannot be sustained.  It is an admitted position that the

summons were issued on 31st of July, 2006, by which the

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accused/appellant  was  directed  to  appear  on  7th of

December,  2006.   However,  the  admitted  position  now is

that the proceedings were pre-poned in respect of which, no

notice was served upon the appellant and accordingly, the

matter was disposed of by the trial Court on the aforesaid

pre-poned date.  Such being the position, we set aside the

impugned order and remit the matter back to the trial Court

to  decide  the  same  afresh  in  accordance  with  law  in

presence of the parties.  The appellant shall appear before

the concerned Court on 4th of January, 2009 for which, no

further notice is required to be served on both the parties.   

4. Accordingly,  the  appeal  is  allowed  to  the  extent

indicated above.             

    ……………………….J.       [Tarun Chatterjee]

New Delhi;      ………………………J. September 08, 2008. [Aftab Alam]

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