DAGU Vs. SUKHDEO

JUDGEMENT

(1.) Heard learned respective Counsel for the parties. With the consent of learned respective Counsel for the parties, taken up for final hearing.

(2.) Present appeal has been directed by the appellant (original complainant), challenging the order dated 17-7-2008, passed by the learned Judicial Magistrate (First Class), Kopargaon, in S.T.C. No. 362/2006, thereby dismissing the complaint filed by the complainant, in default, and acquitting the accused for the offences punishable under Sections 323 and 506, read with Section 34 of Indian Penal Code.

(3.) It is the case of the complainant, that the accused had been to his house and assaulted him, his brother, mother, as well as, wife, on 14-5-2006 at about 10 a.m. Hence, the complainant filed private complaint bearing S.T.C. No. 362/2006 before the learned Judicial Magistrate (F.C.), Kopargaon, on 18-5-2006, as the Police authorities did not take his complaint. Learned Judicial Magistrate (F.C.), Kopargaon, after recording verification of the complainant, issued process against the accused for the offences punishable under Sections 323 and 506, read with Section 34 of Indian Penal Code, on the same day i.e. 18-5-2006. Thereafter, it appears that the accused persons appeared in the said matter and the said case was posted for production of evidence by the complainant on various dates and it was ultimately kept for recording of evidence on 17-7-2008. However, since the complainant remained absent on the said date, learned trial court dismissed the said complaint under Section 256 of the Code of Criminal Procedure, 1973, and acquitted the accused and cancelled their bail bonds, by passing order on the same day i.e. on 17-7-2008. Being aggrieved and dissatisfied by the said order, the appellant (original complainant) has preferred the present appeal challenging the same.