J GEORGE Vs. PREMI SOLOMEN

JUDGEMENT

(1.) THIS is an appeal under Section 417 (3) of the Code of Criminal Procedure against the order of acquittal passed by the Magistrate, First Class, Ajmer on 17th March, 1962 in, the case instituted on a private complaint.

(2.) IT appears that Shri J. George filed complaint under S. 323 of the Indian Penal Code: against Mrs. Premi Solomen and Miss Asha Soloman for causing hurt to his wife. Statement of. ' the complainant was recorded on 17th January,. 1962 but the statement of his wife remained incomplete on that day on account of some objections being raised on behalf of the accused regarding the admissibility of a document. The objection was decided on 30th January, 1962, when the> ; case was adjourned to 11-3-62. When the case-was called the complainant was absent and the learned Magistrate, acquitted the accused on account of the non-appearance of the complainant, acting under Section 247 of the Code. It appears, that on the same day an application was submitted; by the complainant for the restoration of the complaint on the ground that he did not hear the call given by the Chaprasi, It was stated that the complainant had come to the court exactly at 10-30 and remained sitting in the verandah of the Court where the litigants generally sit, but the Chaprasi did not give a proper call and he could: not hear it. After some time he came to know that the complaint had been dismissed for default.

(3.) THIS application was heard on 19th March, 1962 and the learned Magistrate by his order dated 22nd March, 1962 rejected the application saying that the case was called at 10. 35 A, M. but the complainant and his counsel were absent. Then the case was called four times but the complainant did not appear. In the opinion of the learned Magistrate there was no sufficient ground shown for the complainant's absence.