IN THE HIGH COURT OF KERALA AT ERNAKULAM CRL A No. 520 of 1999() 1. T.R.JAIN ... Petitioner Vs 1. P.MOHAMMED ... Respondent For Petitioner :SRI.K.M.SATHYANATHA MENON For Respondent : No Appearance The Hon'ble MR. Justice J.B.KOSHY Dated :31/01/2007 O R D E R
Crl.A. No. 520 of 1999
Dated this the 31st day of January, 2007
This appeal is filed by the complainant against
acquittal of the accused for absence of the complainant on
the date of posting of the case. It is not stated that for
what purpose the case was posted on 27.2.1999. According
to the complainant, he was present on various occasions.
He was absent on 27.2.1999 due to illness and his counsel
applied for exemption. That was rejected and accused was
acquitted. Even though accused can be acquitted under
section 256 (1) of the Code of Criminal Procedure for
absence of the complainant, it cannot be done mechanically.
In this case, it is not stated whether presence of the
complainant was mandatory on that day. Complainant has
applied for exemption also. On the facts of the case, I am
of the view that one more opportunity should be given to
the complainant. In the above circumstances, the impugned
order is set aside and the Magistrate’s Court is directed
to proceed with the case. Complainant is directed to be
present before the court below on 26.3.2007.
2. Even though notice to the respondent issued by
this court was accepted, there is no appearance. He did
not appear before the Magistrate’s Court also. Trial court
should take further steps for service of summons to the
Appeal is allowed by way of remand.
Crl.A.No.520 of 1999