Appeal court quashes default judgment due to defendant's arrest preventing court appearance and violation of defense rights.

The Court of Appeal quashed the first-instance judgment and remanded the case for retrial. The defendant was convicted of theft by default because he failed to appear at court, though he had been properly summoned and was actually in custody at the time. The court ruled that issuing a default judgment was improper because the defendant's presence was deemed necessary due to his lack of prior written explanations, thereby violating his right to defense.