S. SANKARAN Vs. RESHMA

JUDGEMENT

(1.) The Appellant/Complainant has preferred the instant Criminal Appeal before this Court as against the 'Order'/'Judgment of Acquittal' dated 12.01.2016 in S.T.C. No.199 of 2015 passed by the Learned Judicial Magistrate No. II (FTC), Erode.

(2.) It comes to be known that the trial Court while passing the Impugned Order/Judgment of Acquittal' dated 12.01.2016 at Paragraph No. 2 had observed that 'The present case is pending from 03.12.2015, for cross examination of P.W.1. In the present case on 08.01.2016, since the complainant had not appeared before the Court, an Order was passed directing the complainant to appear before Court, but, the complainant had not appeared before Court. Therefore, on the side of Accused, P.W.1 was not cross examined. On behalf of the Accused, it was informed that they were ready to cross examine P.W.1. Today till about 5.30 P.M., on behalf of the Respondent/Accused they waited for cross examination of P.W.1, yet, the complainant had not appeared before Court. On behalf of the complainant, there was no representation. In the instant case, no progress was made because of the continuous absence of the complainant before Court. Therefore, no useful purpose would be served in keeping the case pending, in the considered opinion of this Court. As such, for the default of the complainant, the case in S.T.C. No.199 of 2015 is ordered to be dismissed. Further, the accused in the instant case is ordered to be acquitted under Sec. 256 of Cr.P.C.,'.

(3.) Questioning the 'Order of Dismissal'/'Judgment of Acquittal' dated 12.01.2016 in S.T.C. No.199 of 2015 passed by the Learned Judicial Magistrate No. II (FTC), Erode, the Appellant/Complainant has filed the present Criminal Appeal before this Court contending that the trial Court had not borne in mind that in the main case, no oral and documentary evidence was adduced on either side.