SANTHA THANKAPPAN Vs. K RAJAGOPAL

JUDGEMENT

(1.) The appeal is filed by the complainant against the acquittal order passed in C.C.No. 2729/2001 on the file of the Addl. Chief Judicial Magistrate's Court, Ernakulam. The 1st respondent was the accused in the complaint.

(2.) When leave to appeal has been admitted, notice has been ordered to the 1st respondent. In the above petition notice was served on the 1st respondent by affixture in his last known address. In the above circumstances, this Court is of the view that it is not necessary to issue notice to the 1st respondent in the appeal. Hence, notice to the 1st respondent is dispensed with.

(3.) After going through the impugned judgment, it is seen that the acquittal order was passed due to the absence of the appellant. Learned counsel for the appellant submits that the case was posted to 30-11-2004 for appearance of the 1st respondent. The learned counsel also submits that as the appellant was laid up, she could not appear before the court and an application for excusing her absence was also filed before the court.