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Judgment
This Criminal Appeal has been filed by the appellant/defacto complainant against the the order of acquittal dated 03.02.2007 made in
C.C.No.61 of 2002 on the file of the District Munsif cum Judicial Magistrate, Pennagaram.
The learned counsel appellant/complaint submits that the appellant herein that he was regularly attending the Court and he was not able to
present on that day, but he was represented by the counsel. The Court below has erred in dismissing the compliant on the ground that the
complainant presence is necessary. Hence he prays for allowing the appeal.
Heard the learned counsel for the appellant and there is no representation for the respondent/accused, despite service of notice.
Considering the facts and circumstances of the case, this court is of the view that an opportunity has to be given to the appellant. Accordingly
the impugned order dated 03.02.2007 made in C.C.No.61 of 2002 is set aside. The Criminal Appeal is allowed. The District Munsif cum Judicial
Magistrate, Pennagaram, is directed to dispose of the case in C.C.No.61 of 2002 within a period of three months from the date of receipt of a
copy of this order, after issuing notice to both the complainant and the respondent for their appearance on 12.02.2018. The presence of
respondent/accused is dispensed with except the appearance directed by the District Munsif cum Judicial Magistrate, Pennagaram.