ANTO DAVIS Vs. JOY THALIYATH

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 case was posted and complainant was present, accused was not present and steps were pending for production of the accused. Before the production of the accused accused was acquitted. 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. Since accused did not appear, his presence was not absolutely necessary on that day.

(2.) CONSIDERING the facts and circumstances of the case, I am of the opinion that one more opportunity should be given to the appellant and hence the impugned order is set aside and I remand the matter to the Trial court for continuing the proceedings. 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.