The court reaffirmed that when an appellant repeatedly fails to appear or show interest in prosecuting an appeal, dismissal for non-prosecution is justified. This decision upholds existing procedural precedent, emphasizing practical enforcement of judicial procedure in criminal appellate matters, and establishes binding authority within the jurisdiction.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-A/608/2024 of GURCHARAN SINGH TRADING COMPANY Vs GOLDEN AGRARIAN PVT LTD AND ANOTHER |
| CNR | PHHC010457572024 |
| Date of Registration | 29-04-2024 |
| Decision Date | 31-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MR. JUSTICE SUMEET GOEL |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within jurisdiction |
| Type of Law | Criminal Procedural Law |
| Ratio Decidendi |
The court held that if an appellant consistently fails to appear or show interest in prosecuting an appeal, the court is empowered to dismiss the appeal for non-prosecution. The appeal in question was called twice and, similar to the previous date, no one appeared for the appellant. The conduct indicated loss of interest in pursuing the appeal. In this context, dismissal for non-prosecution is a justified and appropriate recourse to ensure procedural discipline and prevent abuse of court process. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab and Haryana |
What’s New / What Lawyers Should Note
- Reiterates that repeated non-appearance by an appellant or their counsel is valid grounds for dismissal of appeal for non-prosecution.
- Lawyers must ensure diligent prosecution of appeals to avoid dismissal for procedural lapses.
- The onus remains on the appellant to demonstrate continued interest in the matter.
Summary of Legal Reasoning
- The court observed that the appeal had been called twice and, as on the previous occasion, no one appeared on behalf of the appellant.
- The continued absence indicated a loss of interest by the appellant in pursuing the appeal.
- The court, therefore, exercised its discretion to dismiss the appeal for non-prosecution, in order to maintain procedural discipline and judicial efficiency.
- Any pending applications were also directed to stand disposed of accordingly.
Arguments by the Parties
Petitioner (Appellant):
- No appearance; no submissions were recorded.
Respondent:
- No appearance; no submissions were recorded.
Factual Background
- The appeal was filed by Gurcharan Singh Trading Company against Golden Agrarian Pvt. Ltd. and another.
- Scheduled hearings were held, but the appellant or its counsel did not appear on two consecutive dates, including the last date of hearing.
- The absence on repeated dates led the court to conclude that the appellant had lost interest in pursuing the appeal.
Statutory Analysis
- The court considered the procedural aspect of criminal appellate proceedings.
- The power of the court to dismiss appeals for non-prosecution was invoked and applied based on the appellant’s repeated absence.
Alert Indicators
- ✔ Precedent Followed – When existing law is affirmed.