VARGHESE Vs. SAJEEVAN

JUDGEMENT

(1.) THIS appeal is filed by the complainant against the acquittal of the accused under Section 256(1) of the Code of Criminal Procedure. Even though on several occasions when the case was posted but accused was not present and steps were pending for production of the accused. Before the production of the accused accused was acquitted for the absence of the complainant on one day. Trial court should not have acquitted the accused under Section 256 (1) of Cr.P.C. merely because complainant was absent on one day of posting.

(2.) HIS presence was not mandatory on that day as summons was not send on the accused. Complainant had also explained the reason for his absence. Considering the facts and circumstances of the case, I am of the opinion that one more opportunity should be given and hence the impugned order is set aside and I remand the matter to the Trial court for continuing the proceedings. Appellant shall furnish correct address of the accused to the trial court before the next posting date. Appellant should be present before the Trial court on 9.1.2007. Fresh summons should be issued to the accused. Hence appeal is allowed by way of remand.