V ARCHUTHAN Vs. JANAKIRAMAN

JUDGEMENT

(1.) This appeal has been filed by the appellant as against the order dated 14.05.2010 in C.C.No.955 of 2008 passed by the learned Judicial Magistrate No.II, Tindivanam, in and by which the complaint preferred by the appellant herein was dismissed for non-appearance of the complainant on 14.05.2010, thereby acquitting the accused/respondent herein.

(2.) The appellant herein has filed a complaint against the respondent in C.C.No.955 of 2008 for the alleged offence punishable under Sections 294(b), 341, 355, 506(i) r/w 511 IPC. Since the complainant/appellant herein was absent on the hearing date ie., 14.05.2010, the said complaint was dismissed by the Court below and consequently, the respondent herein/accused was acquitted. Aggrieved over the same, the present appeal has been filed by the appellant.

(3.) The learned counsel for the appellant submitted that before the Court below, the appellant/complainant and his counsel have appeared on several hearing dates. Further, the counsel Mr.V.Subramanian, who appeared on behalf of the complainant before the Court below, died on 16.01.2010; that the complainant did not aware of the next hearing date, as such, the complainant could not appear before the Court below on 14.05.2010. He was regular in attending the Court on the hearing days; but, he was absent only on 14.05.2010. Thus, the learned counsel for the appellant/complainant sought setting aside the impugned order.