VENUGOPAL Vs. T GOVINDARAJ

JUDGEMENT

(1.) THE complainant in S.T.C. No. 370 of 2007 is the appellant herein. THE appeal is filed challenging the order of acquittal of the accused due to non-appearance of the complainant.

(2.) THE perusal of the records reveals that private complaint was filed on 2.3.2007 and was taken up on file on 7.3.2007 and both the complainant and the accused were present on 30.4.2007 and the accused was given copies and questioned and the case was adjourned for trial on 4.6.2007 and the trial was again postponed to 4.6.2007 and 23.7.2007. THE trial Court while doing so, directed the complainant to be present and to get along with the case positively on 23.7.2007 indicating that on his failure to do so, the complaint will be dismissed. However the complainant was again absent and remained unrepresented on 23.7.2007 which compelled the trial Court to dismiss the complaint and to acquit the accused under Section 256(1)Cr.P.C. Hence this appeal by the complainant/appellant before this Court questioning the correctness and validity of such order.

(3.) FOR better appreciation, this Court is inclined to extract para 16 and of the judgment of the Supreme Court which is as follows;