C A NARAYANAN Vs. IYANNA

JUDGEMENT

(1.) The appellant herein is the complainant in C.C.No.298 of 1995 on the file of the learned Judicial Magistrate, Gudalur, The Nilgiris. Based on the complaint given by the appellant, the learned Judicial Magistrate took cognizance and taken the case on file on 08.08.1995 for the offences under Sections 147, 323, 506[i] and 427 of IPC. When the trial proceedings are pending before the said court, on 23.04.1997, the appellant had not been present for hearing before the Court. Further, on the side of the appellant, nobody was represented to his case. So, Mr.Rajendran, Office Assistant was examined as P.W.1 and thereafter, the learned Judicial Magistrate passed an order, in which, he dismissed the case filed by the appellant and acquitted the respondents under Section 256 of Cr.P.C.

(2.) Now, in order to set aside the said order passed by the learned Magistrate and for restoring the above said case on file, the appellant approached this court by way of this appeal.

(3.) Today, when the appeal is taken up for hearing, none of the respondents are appeared either themselves or through an advocate even after printing their names in the cause list. In the said situation, I have heard the arguments of Mr.P.V.Ravichandran, learned counsel appearing for the appellant and perused the records carefully.