NIRMAN SHELTERS Vs. SATYAVATHI

JUDGEMENT

(1.) THE order dismissing the complaint for default is challenged in this appeal.

(2.) THE facts reveal that the respondent is said to have made certain publication of defamatory statement in the newspaper and in the circumstances, the appellant claiming that the publication is defamatory, filed a complaint in the Trial Court against the respondent and accused No.2. When the matter was posted for recording the evidence of the complainant on 10.01.2011, the complainant was absent, his counsel prayed time, but the Trial Court held that the matter is very old and sufficient opportunity was given, refused the prayer and dismissed the complaint under Section 256 Cr.P.C. It is that order, which is challenged in this appeal.

(3.) LEARNED Counsel for the appellants would submit that though the matter is of the year 2006, and though the case was adjourned on many occasions at the instance of complainant i.e., the appellant herein, the accused was also not consistently present before the Court and despite the prayer made by the counsel to adjourn the matter, the complaint has been dismissed. He submits that the order impugned is erroneous and illegal and seeks to set aside the order.