IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD SATURDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL REVISION CASE No.157 of 2009 Between: Nuchu Gopal Yadav ..... PETITIONER/ACCUSED And The State of A.P. Rep.its Public Prosecutor, High Court of A.P.Hyderabad .....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL REVISION CASE No.157 of 2009 ORDER: This Criminal Revision Case is filed against the order dated 25.08.2008 in Crl.A.217/2008 on the file of the Metropolitan Sessions Judge, Hyderabad. The revision petitioner was charged in STC.No.1274/2008 before the Railway Court, and on a plea of guilty, he was sentenced to pay a fine of Rs.1,000/-, as against that, an appeal was filed in Crl.A.217/2008 before the learned Metropolitan Sessions Judge, Hyderabad. On 25.08.2008 the learned Metropolitan Sessions Judge, Hyderabad has passed the following order: Notice to P.P.not given. No representation for the appellant. Appellant’s counsel is absent. Appellant is absent. Waited till 3-40 P.M. Hence, the appeal is dismissed.” Evidently, it has been well settled that whenever a criminal appeal is preferred, it cannot be dismissed for default, and the party should be given opportunity of being heard, and if the party and its counsel are not present, it is the duty of the Court to appoint a legal aid counsel and decide the matter on merits. The only ground on which the appeal was dismissed was the notice to the Public Prosecutor was not given and the counsel for the appellant and the appellant are absent. Evidently, the presence of the appellant is not necessary, as it is only a case of fine. Therefore, in the above circumstances, the lower Court should have considered the merits even after it is inclined to not grant time for the appellant. The order of the Court below suffers from infirmity, and therefore, the impugned order is set aside, and the matter is remanded to the Court below for fresh disposal, on merits, in accordance with law, after giving opportunity of being heard to the petitioner/appellant. The Criminal Revision Case is accordingly allowed. ____________________________ N.R.L.NAGESWARA RAO,J Dated: 29.10.2011 Dsr