JAYANTH KRISHNA Vs. SHIVAKUMAR AND ORS

JUDGEMENT

(1.) Though the matter is listed for admission, with the consent of learned Counsel for both the parties, it is taken up for final disposal.

(2.) The appellant has challenged the order dated 08.08.2012 dismissing his complaint for non prosecution.

(3.) The facts reveal that the appellant had filed a complaint under Section 200 Cr.P.C. to initiate action against the respondents for the charge under Section 506 read with Section 34 IPC. After taking cognizance, the matter was adjourned on many occasions for enquiry before charge and the appellant was absent. On 17.07.2012, the Presiding Officer was on leave and the case was adjourned to 08.08.2012. On the said day, appellant was absent and the Trial Court recorded his absence and as there was no representation, it dismissed the complaint for non prosecution. Aggrieved by the order, the present appeal is filed.