RAMESH Vs. PERIYASAMY

JUDGEMENT

(1.) HEARD , Appellants are the complainants in C.C. Nos. 101/98, 104/98 and 109/98 on the file of Judicial Magistrate No. 1, Tiruchi. All these three cases were dismissed on 29.1.1999 by the learned Magistrate on the ground that the complainant was absent and passed an order of acquittal under Section 256 of Cr.P.C. Aggrieved against this, these three appeals have been filed by the complainants.

(2.) THE learned counsel for the complainant contends that in C.C. No. 104/98 and 109/98 some witnesses were examined and in C.C. No. 101/98 non -bailable warrant was pending for securing the accused. Under these circumstances the dismissal of the complainants is not proper and correct.

(3.) FOR the reasons stated above, all the appeals are allowed and the order of the trial court dated 29.1.1999 in CC Nos. 101/98, 104/98 and 109/98 are set aside and the learned Magistrate viz., Judicial Magistrate No. 1. Tiruchi is directed to restore all the three cases to file and dispose of the same in accordance with law within a period of four months.