N.R. BABULAL Vs. N.S. LAVAKUMAR

JUDGEMENT

(1.) The Petitioner/Appellant/Complainant has preferred the instant Criminal Original Petition praying for 'Grant of Special Leave' to prefer an Appeal before this Court as against the Order/ Judgment of acquittal passed by the Learned Judicial Magistrate-III, Salem in C.C.No.165 of 2013 dated 04.05.2016.

(2.) The Respondent/Accused had received the notice sent through Court on 09.11.2016. However, there is no representation on his behalf either in person or through Learned Counsel. Therefore, this Court deals with the present Criminal Original Petition on merits.

(3.) Earlier, the trial Court, while passing the impugned Judgment of acquittal dated 04.05.2016 in C.C. No. 165 of 2013 at paragraph 22, had, inter alia, observed that '.... it is clear that in the petitions dated 29.02013 and 08.05.2012 enquiry was not yet completed and the said petitions have not reached the stage of finality and pending before the concerned authorities who have lawful authority over the complainant with respect to the subject-matter of the accusation. Once the accusation is found to be false after proper enquiry by the said authorities, then it can be held as that it was not made in good faith. Since the above said authorities have not yet passed any order on the basis of the complaints or petition in ExP2, this complaint filed by the complainant is a premature one' and finally dismissed the complaint and acquitted the Respondent/Accused under Section 256(1) Cr.P.C.