Crl. Rev. No.690 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No.690 of 2011 Date of Decision: 19.05.2011 Kamlesh Kumar ....Petitioner Versus Kuldip Singh and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. F.S. Virk, Advocate for the petitioner. Mr. G.S. Punia, Advocate for respondent No.1. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a revision petition against the order dated 12.01.2011 passed by the Additional District and Sessions Judge, Fatehgarh Sahib, vide which, he has upheld the conviction awarded to the applicant- petitioner by the Judicial Magistrate Ist Class, Fatehgarh Sahib vide his judgment and order dated 14.12.2009 under Section 138 of the Negotiable Instrument Act, 1881 and directed to undergo rigorous imprisonment for a period of two years and to pay a fine of ` 5000/-. The only argument raised by learned counsel for the petitioner is that the petitioner was not present before the Appellate Court on 12.01.2011 and nor his counsel was present. As such, the said order has been passed in his absence and in the absence of his counsel. Crl. Rev. No.690 of 2011 2 Reliance has been placed on the judgment titled as Md. Sukur Ali vs. State of Assam reported as 2011 AIR SCW 1352. Learned counsel for the respondent has very fairly not disputed the legal position and states that he has no objection, if the order dated 12.01.2011 is set aside and the matter is remanded back to the Appellate Court to decide the appeal afresh after hearing learned counsel for the petitioner. In view of the above, the present revision petition is allowed and the order dated 12.01.2011 passed by the Additional District and Sessions Judge, Fatehgarh Sahib is set aside. Parties are directed to appear before the Appellate Court on 31.05.2011. The Appellate Court shall, thereafter, decide the appeal within one month from the date of appearance of the petitioner subject to the petitioner giving an undertaking on the date of appearance i.e. 30.05.2011 that he shall now appear on each and every date of hearing before the Appellate Court. (NIRMALJIT KAUR) 19.05.2011 JUDGE gurpreet