AMBIABAL K KILLEDER Vs. KISAN RAMCHANDRA NAIR

JUDGEMENT

(1.) The order of acquittal recorded by the learned Judicial Magistrate, First Class, Jalna, in Criminal Case No. 2972 of 1979 on 16-2-1981 is properly challenged by the original complainant in this appeal.

(2.) The present appellant by name Ambiabai had filed Criminal Case No. 2972 of 1979 against respondent Nos. 1 to 3 in respect of offence under section 500 of the Indian Penal Code in the Court of Judicial Magistrate, First Class, Jalna, on 5-11-1979. The learned Magistrate ordered issue of summons to the accused, who appeared in the Court on 10-4-1980. along with their advocate. The plea of the accused was recorded on 6-9-1980. and the case was adjourned to 26-11-1980 for hearing. On 26-11-1980, the case was adjourned to 30th December 1980 on the application of the complainant. On 30-12-1980, the case came to be adjourned to 16-2-1981, as the learned Magistrate was on leave. On 16-2-1981, the complainant was absent and the learned Magistrate passed the following order on Exhibit 1 :---

(3.) Shri S.C. Bora, learned Counsel for the appellant, urged before me that on all the dates of hearing, right from the filling of the complaint, the complainant-appellant was personally present in Court and even on the date of hearing, that is, 16-2-1981, she was present in Court along with her witnesses, but her Advocate was absent when the case was called out and the Advocate reached the Court within five minutes after the dismissal of the case. Shri Bora, therefore, made a prayer that the case should be remanded after restoration to file for further trial. He placed reliance on the decision of this Court in (Bharat s/o Aba Kemukar v. Madhukar s/o Bhikji Kakde and another) 1982 Mh.L.R. Bom 96, and also on the decision in (C.K. Sivaraman Achari v. D.K. Agarwall and another) 1978 Cri.L.J. 1376. Respondents Nos. 1 to 3 who are the original accused in the lower Court, are absent in this Court Shri A. M. Dabir, learned Additional Public Prosecutor, did not seriously challenge the impugned order in view of the material on record.