HIGH COURT OF MEGHALAYA AT SHILLONG Crl.Petn.No.27/2026 Date of Order: 10.06.2026 Smti. Dasara Suting ..... Petitioner Vs. Smti. Lina Kharsyntiew ..... Respondent Coram: Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance: For the Petitioner : Mr. P.K. Borah, Adv with Mr. C. Deka For the Respondent : Mr. T. Dkhar, Adv JUDGMENT: (Oral) Heard learned counsel for the parties. 2. By this petition, the petitioner seeks restoration of Criminal Miscellaneous Application No.104(H)2023 filed in Criminal Appeal No.2(H)2023 and as well as restoration of Criminal Appeal No.2(H)2023, both of which were dismissed by the Sessions Judge, Shillong for default on 4th April, 2025, as none appeared for the petitioner (original applicant/appellant before the Sessions Judge). Serial No.07 Daily List 2026:MLHC:561 3. According to the petitioner’s counsel, the non-appearance of the counsel was neither intentional nor deliberate. He submitted that the counsel could not appear, as there was a demise in the family and for other genuine reasons, which have been set out in detail in the application. 4. Learned counsel for the respondent states that as the petitioner’s counsel failed to appear on several dates, the learned Sessions Judge, dismissed the petitioner’s application and consequently, the appeal for default and as such, no fault can be found in the impugned orders. 5. Having heard the learned counsel for the respective parties, this Court although, prima facie finds no infirmity in the orders passed, however, in the interest of justice, this Court deems it appropriate to quash and set aside both the impugned orders dated 4th April, 2025, passed by the learned Sessions Judge in (Criminal Miscellaneous Application No.104(H)2023 in Criminal Appeal No.2(H)2023 as well as Criminal Appeal No.2(H)2023), subject to the condition that the petitioner pays cost of ₹25,000/- to the respondent. The said costs to be paid within one week from today to the respondent. 2026:MLHC:561 6. The orders are also set aside, as the learned counsel for the petitioner has assured that he will not seek any adjournment before the learned Sessions Judge and will proceed with the hearing of the application/appeal on the date/dates fixed by the learned Sessions Judge. Statement accepted. 7. The petition is allowed and disposed of on the aforesaid terms. 8. Stand over to 24th June, 2026 for recording compliance of the payment of costs by the petitioner to the respondent. 9. All parties to act on the authenticated copy of this order. (Revati Mohite Dere) Chief Justice Meghalaya 10.06.2026 “Lam DR-PS” 2026:MLHC:561 Digitally signed by LAMPHRANG KHARCHANDY Date: 2026.06.10 19:44:48 IST