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TMI Blog2019 (6) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... nd, the complainant has already been examined and his evidence as PW.1 was recorded and he was cross-examined by the learned counsel for the Accused. Therefore, the only course left open for the trial Court was to consider the evidence of respondent No.1/Accused as nil and pass orders basing on the evidence available on record. This Criminal Appeal is allowed setting aside the impugned judgment. - CRIMINAL APPEAL No.1743 of 2018 - - - Dated:- 26-12-2018 - MR GUDISEVA SHYAM PRASAD, J. For The Petitioner : Mr V ESWARAIAH CHOWDARY For The Respondent : Mr K. RAMU JUDGMENT : This Criminal Appeal is arising out of the judgment dated 25.04.2018 in C.C.No.258 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed has got the cross-examination done, the trial Court ought to have disposed of C.C.No.258 of 2017 on merits, instead of dismissing the complaint. As far as the provision under Section 256 Cr.P.C. is concerned, if the Court finds that non-appearance of the complainant, the trial Court may acquit the Accused, unless for some reason it thinks fit and proper to adjourn the hearing to some other date. Admittedly, the case was coming up for defence evidence. The trial Court issued NBWs against the Accused for his appearance and the process has to be paid by the complainant. As the complainant failed to pay the process, the complaint was dismissed under Section 256 of Cr.P.C. and the accused was acquitted. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to be paid. Therefore, the impugned order is cryptic and do not reflect compliance of the provision under Section 204(4) Cr.P.C. On the other hand, the complainant has already been examined and his evidence as PW.1 was recorded and he was cross-examined by the learned counsel for the Accused. Therefore, the only course left open for the trial Court was to consider the evidence of respondent No.1/Accused as nil and pass orders basing on the evidence available on record. However, instead of following the said procedure, the trial Court had dismissed the complaint as the process was not paid. The particulars about the process also were not mentioned in the order. Therefore, the order passed by the trial Court is liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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