Criminal Appeal Against Order Of Conviction Cannot Be Dismissed For Default: Reiterates SC

The Supreme Court recently set aside a Madras High Court order that had dismissed a criminal appeal against an order of conviction for default. The bench comprising Justices Rohinton Fali Nariman, Navin Sinha and BR Gavai agreed with the contention put forth by the counsel, relying on the decision of the Supreme Court in K. S. Panduranga v. State of Karnataka (2013) 3 SCC 721, that an appeal against an order of conviction cannot be dismissed in default but must be taken up and decided on merits even if the appellant in-person or the counsel representing him, is not present.