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2016 Supreme(Mad) 4050

M.VENUGOPAL
RATHINAMMAL – Appellant
Versus
MANICKAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B. Ravi, Advocate
For the Respondent:Mr. V. Sungendran, Advocate

JUDGMENT :

M. Venugopal, J.

The Appellant/Complainant has preferred the instant Criminal Appeal as against the judgment, dated 22.08.2016, passed in S.T.C.No.14 of 2007, on the file of the Judicial Magistrate No.II, Mettur, Salem/trial Court.

2. Heard both sides.

3. The Complaint in S.T.C.No.14 of 2007, on the file of the trial Court, came to be dismissed on 22.08.2016, for the reason that, in spite of service of final notice, the Complainant was absent, and there was no representation on her behalf.

4. According to the Learned Counsel for the Appellant/Complainant, since the main case was posted for arguments, an opportunity might have been provided to the Appellant/Complainant to substantiate her version of the case.

5. Repelling the submission of the Learned Counsel for the Appellant/Complainant, the learned counsel for the Respondent/Accused vehemently contends that, when the Appellant/Complainant had filed a Complaint before the trial Court, in S.T.C.No.14 of 2007, on 08.01.2007, and when the matter was posted for hearing the arguments in the main case on 22.08.2016, she should have been present, (unless, her personal appearance/presence was dispensed with by the trial Court), and s












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