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A. Vishwanathan Vs. the State of Maharashtra - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 18 of 1968
Judge
Reported in(1969)3SCC889
ActsPrevention of Corruption Act, 2 of 1947 - Sections 5(2), 5(1)(c), 5(1)(d); Indian Penal Code (IPC), 1860 - Section 409
AppellantA. Vishwanathan
RespondentThe State of Maharashtra
DispositionAppeal Allowed
Excerpt:
- [ i.d.dua and; v. ramaswami, jj.] -- code of criminal procedure, 1898 (5 of 1898) — section 421 — appeal arguable one involving substantial and important question of law — summary dismissal of appeal not justified. -- the high court was, therefore, not justified in dismissing the appeal summarily. in our opinion the present appeal is covered, by the principle laid down by this court in narayan swami v. state of maharashtra.1 accordingly the order of the high court, dated 24-7-1967 summarily dismissing the appeal is set aside and the appeal is remanded to the high court for fresh disposal in accordance with law.v. ramaswami, j.1. this appeal has been brought with special leave from the judgment of the bombay high court, dated july 24, 1967, summarily dismissing the appeal of the appellant against his convictions under sections 5(2), 5(1)(c) and 5(1)(d) of the prevention of corruption act, 2 of 1947 and under section 409 ipc and the sentence of four years ri and fine of rs 50,000 under the said sections passed by the special judge of greater bombay.2. having gone through the judgment of the trial court we are satisfied that in the present case the appeal before the high court was an arguable one and raised substantial and important questions for consideration by the high court. the high court was, therefore, not justified in dismissing the appeal summarily. in our opinion the present appeal is.....
Judgment:

V. RAMASWAMI, J.

1. This appeal has been brought with special leave from the judgment of the Bombay High Court, dated July 24, 1967, summarily dismissing the appeal of the appellant against his convictions under Sections 5(2), 5(1)(c) and 5(1)(d) of the Prevention of Corruption Act, 2 of 1947 and under Section 409 IPC and the sentence of four years RI and fine of Rs 50,000 under the said sections passed by the Special Judge of Greater Bombay.

2. Having gone through the judgment of the trial court we are satisfied that in the present case the appeal before the High Court was an arguable one and raised substantial and important questions for consideration by the High Court. The High Court was, therefore, not justified in dismissing the appeal summarily. In our opinion the present appeal is covered, by the principle laid down by this Court in Narayan Swami v. State of Maharashtra.1 Accordingly the order of the High Court, dated 24-7-1967 summarily dismissing the appeal is set aside and the appeal is remanded to the High Court for fresh disposal in accordance with law.


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