S. SHANMUGANATHAN Vs. P. UMADEVI

JUDGEMENT

(1.) THE petitioner/appellant has projected the present original petition as against the order dated 11.10.2013 in C.C.No.295 of 2007 passed by the learned Judicial Magistrate No.I, Pollachi.

(2.) LEARNED Judicial Magistrate No.I, Pollachi, while passing the order on 11.10.2013 in C.C.No.295 of 2007, has observed the following ''The complainant is continuously absent from appearing before this Court. This Court has also issued a final notice to the complainant. Even after the receipt of final notice also the complainant has not appeared before this court today. Hence this court is of the view that the complainant is not willing to conduct case properly. Hence this Court further is of the view that complaint shall be dismissed '' and resultantly dismissed the complaint under Section 256(1) of Criminal Procedure Code thereby acquitting the accused from the charges.

(3.) LEARNED counsel for the petitioner submits that the trial Court has committed an error in acquitting the Respondent/Accused without even considering his admission towards liability. Furthermore, it is the stand of the petitioner that because of his non appearance in C.C.No.295 of 2007 on the file of the learned Judicial Magistrate No.I, Pollachi, an order was passed dismissing the complaint filed by him and consequently the Respondent/Accused was acquitted of the charges.