SIVARAJ Vs. B. DEVARAJ

JUDGEMENT

(1.) The Appellant/Complainant has preferred the instant Criminal Appeal before this Court as against the order of dismissal dated 01.08.2016 passed by the Learned Judicial Magistrate, Kotagiri in S.T.C.No.314 of 2010, whereby and where under, the Complaint was ultimately dismissed under Section 256 Cr.P.C.

(2.) At the outset, this Court points out that today, Crl.O.P.No.23512 of 2016 [seeking Grant of Special Leave to prefer an Appeal] was allowed by this Court for the reasons assigned therein.

(3.) The Learned Counsel for the Appellant contends that the Respondent/Accused is absconding and only because of that reason, NBW, issued against him, was not executed. It is further represented that when that be the fact situation, the trial Court had wrongly observed in the impugned order that the Appellant/Complainant had not taken any steps to execute the Non Bailable Warrant.