1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL REVISION APPLICATION NO. 2 OF 2011 Mrs. Alka Toraskar, major, married, resident of FX 4, Moonracker Apartment, Altinho, Mapusa, Goa. ...... Petitioner. V/s 1. The Vaishya Urban Co-operative Credit Society Ltd., Mapusa, Goa represented through its Assistant Manager, Mr. Kishorechandra R. Korgaonkar, son of Raghunath Korgaonkar, 50 years of age, married, resident of House No.11/8/B, Brimottem, Mapusa, Bardez, Goa. 2. State of Goa through Public Prosecutor, Altinho, Panjai, Goa. ........ Respondent. Mr. Mandar G. S. Khandeparkar, Advocate for the petitioner. Mr. T. George John, Advocate for respondent No.1. Mr. C. A. Ferreira, Public Prosecutor for the State-respondent No.2. CORAM :- A.P. LAVANDE, J. Date :- 1st March, 2011. 2 ORAL JUDGMENT : Heard Mr. Mandar Khandeparkar, learned Counsel for the petitioner, Mr. T. George John for respondent No.1 and Mr. Fereira, learned Public Prosecutor for respondent No.2. Rule. Heard forthwith. 2. By this revision application, the petitioner who is appellant in Criminal Appeal No. 73/2008 before the Assistant Sessions Judge, Fast Track Court, Mapusa, challenges the order dated 11.10.2010, by which the an appeal preferred by the appellant against the Judgment and Order of conviction passed by Judicial Magistrate, F.C. "C" Court, Mapusa in O.A. Criminal Case No. 125/P/2007/C, has been dismissed on the ground that neither the appellant nor her Advocate was present. 3. It is settled law that a criminal appeal, preferred against conviction, cannot be dismissed for default and the appellate Court even in the absence of the appellant has to deal with the appeal, on merits. (See Kishan Singh vs. State of U.P. (1996) 9 SCC 372). In the said judgment, Three Judge Bench of the Apex Court has held that criminal appeal preferred by an accused cannot be dismissed for default 3 and the appellate Court has to go through the record and decide the same on merits. 4. Perusal of the impugned order discloses that the same has been passed in clear breach of the settled law. On this ground alone the impugned order is liable to be quashed and set aside and is hereby quashed and set aside. The appellate Court to decide criminal appeal in accordance with law. 5. The petitioner to appear before the Assistant Sessions Judge, Mapusa on 24th March, 2011 at 10.00 a.m. A.P. LAVANDE, J. ssm.