JILLMOL JOHN Vs. MANJUMOL K. V.

JUDGEMENT

(1.) This appeal has been filed challenging the judgment dtd. 12/10/2021 in S.T. No. 1197 of 2016 of the Judicial First Class Magistrate Court II, Pathanamthitta as extracted hereunder:-

(2.) Heard the learned counsel for the appellant/complainant, the learned counsel for the first respondent/accused as well as the learned Public Prosecutor appearing for the second respondent.

(3.) On perusal of the impugned judgment, the accused was acquitted under Sec. 255(1) of the Code of Civil Procedure (hereinafter for short, 'Cr.P.C.'), for non appearance of the complainant. How this case reached the stage of Sec. 255 of the Cr.P.C is surprising? However, if the mode was adopted with a view to get points for disposal, the attitude of the officer is noted with extreme displeasure and the same shall be informed to the learned Magistrate to avoid this practice in future. It could be seen from the proceedings of the Magistrate Court that even after repeated opportunity, the complainant remained absent and for that reason, the accused was acquitted and the manner in which the Magistrate recorded the acquittal under Sec. 255(1) of the Cr.P.C. On perusal of the judgment, it could be seen that after filing of the complaint, the complainant never appeared before the Court and the accused was present on 3/11/2018 for recording his plea. Thereafter, she was also absent.