K. MOHANAN Vs. SARASWATHY

JUDGEMENT

(1.) The Appellant/Complainant has preferred the instant Criminal Appeal as against the order of acquittal dated 30/5/2012 in C.C.No.40 of 2012 passed by the Learned Fast Track Court No.II, Nagercoil (Magisterial level).

(2.) The Learned Judicial Magistrate (Fast Track Court No.II), Nagercoil in C.C.No.40 of 2012 on 30/5/2012 has inter alia opined that although the presence of P.W.1/Complainant for the purpose of cross-examination is very much essential and also it has been made clear that no further adjournment for the purpose of cross-examination will be granted and further more, his presence is required for the purpose of cross-examination, on 23/5/2012, he has not appeared before the Court (in spite of specific direction in this regard has been issued to him) and added further, there has been no representation on the side of the Appellant/Complainant and consequently, the Respondent/Accused has been acquitted as per Section 256 (1) of Cr.P.C., owing to the non-appearance of the Appellant/Complainant.

(3.) Feeling dissatisfied that the order of acquittal passed by the trial Court in C.C.No.40 of 2012 on 30/5/2012, the Appellant/Complainant has preferred the present Criminal Appeal on various grounds, raising the plea that the Appellant/Complainant has been examined in chief on 4/4/2007 and from that time onwards, he has not been cross-examined on the side of the Respondent/Accused and in any event, the impugned order passed by the trial Court in acquitting the Respondent/Accused as per Section 256 (1) of Cr.P.C., is illegal in Law.