SRINIDHI MOBILE FINANCIAL SERVICES Vs. R SANGEETHA

JUDGEMENT

(1.) THE complainant, who is the private complainant in C.C.No.1009 of 2007, is the appellant herein. THE appeal is filed challenging the order of acquittal of the accused, for the absence of the complainant on the date of hearing.

(2.) THE perusal of the records reveal that the private complaint was filed on 21.06.2007 and was taken up on file on 27.09.2007 and process was issued to the accused for the hearing on 22.11.2007 and the accused duly entered appearance through his counsel on record and there were few adjournments between 22.11.2007 and 12.08.2008. THE complainant was on 12.08.2008 absented himself and not represented by anyone. As a result, the trial court dismissed the complaint and acquitted 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.) THIS Court finds some force in the argument so advanced on the side of the learned counsel on record for the appellant. The same is also fortified by the observation of the Hon'ble Supreme Court in the judgments above referred to. The Hon'ble Apex Court has in the authorities cited above lends support to the contention raised by the complainant that exonerating the accused from the charges due to non-appearance of the complainant is exfacie illegal and not sustainable in law.