vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.938 OF 2008 WRIT PETITION NO.938 OF 2008 WRIT PETITION NO.938 OF 2008 Suresh Tatoba Kemade ... Petitioner V/s. State of Maharashtra ... Respondent Mr.Sameer Tambekar for Petitioner Mr.P.A. Pol, APP, for State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: MAY 2, 2008 MAY 2, 2008 MAY 2, 2008 P.C.: P.C.: P.C.: . The Sessions Court has dismissed the appeal filed by the petitioner since the necessary process fees were not paid. The appeal has been dismissed "as reasoned U/s.204 of Cr.P.C. 1913". The learned Sessions Judge obviously was labouring under the impression that the appeals can also be dismissed summarily u/s 204 of the Code of Criminal Procedure. Appeals can be summarily dismissed only under section 384 of the CRPC. Section 384 reads as under: 384. Summary dismissal of appeal.-(1) If upon examining the petition of appeal and copy of the judgment received under Section 382 or Section 383, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily: Provided that- (a) no appeal presented under Section 382 shall : 2 : be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same; (b) no appeal presented under Section 383 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case; (c) no appeal presented under Section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired. (2) Before dismissing an appeal under this section, the Court may call for the record of the case. (3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so. (4) Where an appeal presented under Section 383 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under Section 382 on behalf of the same appellant has not been considered by it, that Court, may, notwithstanding anything contained in Section 393, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law. 2. None of the aforesaid provisions empower the Court to dismiss the appeal for non-payment of process fee. In these circumstances, the appeal is restored to file. The process fee be paid within one week from today. 3. Petition is disposed of accordingly.