RAMASWAMI Vs. GOPALAN

JUDGEMENT

(1.) THIS appeal by a private party is against the order of the Judicial First Class Magistrate, Devakottai, acquitting the accused for non-appearance of the complainant.

(2.) IT is pointed out by the learned Counsel for the appellant that a complaint was filed on 21st November, 1977, and a sworn statement was recorded on 3rd January, 1978. The prosecution witnesses ] and 2 were examined on 11th July, 1978, and P. W. 3 was examined on 8th August, 1978, and the evidence for the prosecution was closed on 8th August, 1978. The case was posted to 21st December, 1978, for examination of defence witnesses and after examination of defence witnesses, the case was posted for arguments on 26th December, 1978. On that day, as there was terror initial rain the complainant and his advocate could not be present in Court and the Court acquitted the accused for non-appearance of the complainant.