Appellate Court Can’t Dismiss Appeal Under S.386 Without Considering It On Merits: Bombay HC [Read Judgment]

The Nagpur bench of the Bombay High Court has held that an appellate court cannot dismiss an appeal exercising its jurisdiction under Section 386, unless the matter has been decided on merits.Justice SB Shukre allowed a writ petition challenging a sessions court order dated June 28, 2016, wherein an appeal was dismissed on default for failure to deposit paper book charges.At the very outset,...