Code:
(1) If upon examining the petition of appeal and copy of the judgment received under section 382 or section 383, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:
Provided that—
(a) no appeal presented under section 382 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same;
(b) no appeal presented under section 383 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case;
(c) no appeal presented under section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired.
(2) Before dismissing an appeal under this section, the Court may call for the record of the case.
(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.
(4) Where an appeal presented under section 383 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 382 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 393, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.
Explain it:
Section 384 empowers the appellate court to summarily dismiss an appeal if it finds that:
- The appeal is frivolous or vexatious.
- The appeal has been preferred merely for the purpose of delay or for any other improper motive.
- The appeal is based on grounds which are demonstrably untenable.
- The appeal is barred by any law for the time being in force.
Essentially, this section allows the appellate court to dispose of appeals that are clearly without merit or are intended to obstruct the legal process.
Illustrate it:
Consider a scenario where an individual is convicted of theft, and they file an appeal against the conviction. The appellate court finds that the appeal is based on flimsy grounds and is merely aimed at delaying the execution of the judgment. In such a case, the appellate court can summarily dismiss the appeal under Section 384.
Common Questions and Answers:
Q: What are the grounds for summary dismissal under Section 384?
A: The grounds are listed in the section itself, including frivolous or vexatious appeals, appeals filed for delay or improper motives, appeals based on untenable grounds, and appeals barred by law.
Q: Can an appeal be dismissed without hearing the appellant?
A: While the court may dismiss the appeal summarily, it is generally expected to provide the appellant an opportunity to be heard before dismissing the appeal. The court must be satisfied that the appeal is demonstrably without merit before dismissing it without a hearing.
Q: What are the consequences of summary dismissal?
A: The judgment of the lower court becomes final and binding, and the appeal is effectively rejected. The appellant may be liable to pay costs to the respondent.
