(1.) The Appellant/Complainant has preferred the instant Criminal Appeal before this Court (as an aggrieved person) as against the Judgment of Acquittal dated 27.09.2016 in C.C.No.809 of 2013 passed by the Learned Judicial Magistrate (FTC No.I, Mahila Court), Coimbatore)
(2.) According to the Appellant, the complaint filed by him in C.C.No.809 of 2013 on the file of the trial Court came to be dismissed on 27.09.2016 because of the reason that he was not ready to proceed with the case and further the trial Court had proceeded to observe in the impugned order that 'Ample opportunity was given to the Complainant to proceed with the trial' and in as much as the Respondent/Accused was appearing before the trial Court regularly, ultimately, the case in C.C.No.809 of 2013 was dismissed resulting in an 'Order of Acquittal' being passed against the Respondent/Accused under Section 256 (1) of Cr.P.C.
(3.) At this juncture, the Learned Counsel for the Appellant/Complainant contends that before the trial Court, a Criminal Miscellaneous Petition was filed in C.C.No.809 of 2013 stating that the Respondent/Accused was not well and hence he was not in a position to attend the Court and as such, a request was made to condone his absence. But the trial Court had dismissed the said Criminal Miscellaneous Petition. In this connection, this Court on going through the Impugned Order of Dismissal dated 27.09.2016 in C.C.No.809 of 2013 is of the earnest view that the Appellant/Complainant was provided with several opportunities and in spite of the same he was not ready to proceed with the case, left with no option, the trial Court came to a consequent conclusion of 'Dismissing the Complaint', which ended in Acquittal in terms of ingredients of Section 256 of Cr.P.C.