“2. It is submitted that on 12.3.2013 complaint was filed. It was adjourned to 15.7.2013. Thereafter, complainant takes steps several times and issued non bailable warrant to the accused. On 9.10.2015 accused appeared and granted bail by the court. Thereafter, the case was posted for adalath on 23.2.2016. The matter was not settled in adalath posted for 18.4.2016. The mater was posted for appearance of complainant/appellant on 4.6.2016 but the court was not sitting on the day. The case was posted to 21.7.2017 complainant was present and ready for evidence on the day of 21.7.2016 but the court was adjourned to 30.10.2016 again posted to adalath 12.11.2016. The case almost settled in the mediation of out of court. The case was again posted for evidence as last chance, since the matter almost settled both are absent and represented, then case was posted to 3.1.2017. On the day of dismissal order, petitioner was on a pilgrimage to Sabarimala with his relatives which was pre planned and arranged much earlier. The counsel for the complainant filed absent petition stating the reason above mentioned. Accused also absent in the day of dismissal.”
