Party Can't Suffer Consequences Due To Counsel's Negligence: Rajasthan High Court Restores Criminal Appeal Dismissed For Non-Appearance
Rajasthan High Court has set aside a Sessions Court order dismissing an appeal against conviction under Section 138 NI Act over non-appearance of the appellant's counsel.
Opining the judgment to be passed in a "mechanical and cursory manner", without application of mind and against the principle of natural justice, the bench of Justice Manoj Kumar Garg held that a party could not be allowed to suffer the consequences of counsel's negligence.
“…numerous rulings affirm that a party should not be penalized or prejudiced due to the negligence or misconduct of their legal counsel. The rationale underpinning this position is rooted in the recognition that the integrity of judicial proceedings depends on the principles of fairness and justice.”
The Court was hearing a revision petition against order rejecting his appeal and issuance of arrest warrant.
It was argued by the petitioner that no appeal against conviction could be dismissed on grounds of non-prosecution, and it had to be decided on merits.
Agreeing with the arguments put forth on behalf of the petitioner, the Court held that the onus of ensuring proper representation ultimately rested with the party and justice should not be compromised by procedural lapses attributable to the counsel.
It was held that the order was passed in a mechanical nature, against the principles of natural justice, and deserved to be set aside in the interest of justice.
Accordingly, the case was remanded back to the appellate court.
Title: Firm Jehtmal & Sons v State of Rajasthan
Citation: 2025 LiveLaw (Raj) 238