STATE OF MAHARASHTRA Vs. MAHADEV YESHWANT BALLAL& ANR.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this Appeal preferred by the State of Maharashtra, the Appellant has impugned the Order dated 29.12001 passed by the learned Judicial Magistrate F.C., Chandgad, District - Kolhapur by which the Respondent - accused came to be acquitted, as the case was dismissed in default.

(3.) Learned APP submitted that though the case was adjourned from time to time, the dates were formal dates. He submitted that technically only on the previous date i.e. 22.11.2001 the Complainant was absent, pursuant to which, on the next date i.e. 29.12.2001, as the Complainant and the learned APP were absent, the case was dismissed in default and the Respondent - accused were acquitted of the offences.