IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL REVISION APPLICATION NO. 39 OF 2010 ANAND BANDOLKAR ... Petitioner Versus THE SANGAM, URBAN CO-OP. CREDIT SOCIETY LTD AND ANR., ... Respondents Shri Noel D. Sapeco, Advocate for the Applicant. Coram:- N. A. BRITTO, J. Date:- 31st August, 2010 P.C.:- Heard. For the view to be taken, notice to the Respondent is dispensed with. As the very Judgment dated 27-7-2010 of the learned Additional Sessions Judge shows, it has been rendered in the absence of the appellant/accused and without hearing him, and after hearing the Respondent/Complainant only. The contention of the Petitioner is that he did not remain present before the Court because his advocate did not inform him. Learned Counsel on behalf of the applicant/accused has placed reliance on an unreported Judgment of this Court dated 21-7-2010 in Criminal Revision Application No.28 of 2010 in which the Judgment of the Apex Court in Ram Naresh Yadav and others v. State of Bihar(1987 Cri.L.J. 1856) was followed. "We are fully conscious of this dimension of the matter but in criminal matter the convicts must be heard before their matters are decided on merits. The Court can dismiss the appeal for non prosecution and enforce discipline or refer the matter to the Bar Council with this end in view. But the matter can be disposed of on merits only after hearing the appellant or his counsel. The court might as well appoint a counsel at State cost to argue on behalf of the appellants. Since the order of conviction and sentence in the present matter has been confirmed without hearing either the appellant or counsel for the appellants, the order must be set aside and the matter must be sent back to the High Court for passing an appropriate order in accordance with law after hearing the appellants or their counsel and on their failure to engage counsel, after hearing counsel appointed by the Court to argue on their behalf". In the light of that, the Judgment of the learned Additional Sessions Judge is hereby set aside and the learned Additional Sessions Judge is hereby directed to hear the applicant/accused and the Respondent/Complainant afresh and decide the appeal in accordance with law. The applicant/accused to appear before the learned Additional Sessions Judge on 15-9-2010 at 10.00 a.m. N. A. BRITTO, J. RD.