IN THE HIGH COURT OF ORISSA AT CUTTACK CRA No. 110 of 1997 Balaram Mohanta …. Appellant(s) None -versus- Kulamani Bal …. Respondent(s) Mr. J. Nayak, AGA CORAM: THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA Order No. ORDER 23.07.2026 08. 1. This appeal is arising out of an order dated 18.02.1997 passed by the learned SDJM, Keonjhar in ICC Case No. 36 of 1994, whereby the complaint filed by the present appellant alleging the commission of the offence under Section 500 IPC has been dismissed. 2. The learned trial court in the impugned order dated 18.02.1997, observed as under:- “The advocate for the accused is present. The complainant is absent on repeated calls. The Advocate for the complainant files a petition for time on the ground that the complainant is a Govt. servant and that he could not attend the court as no leave has been granted. Or perusal of the record it is found that the complainant has been taking time since 10.5.95 to produce his witnesses on the similar ground. None appeared or behalf of the complainant on calls to move the petition for time filed today. This is a case of the year 1994. The personal attendance of the complainant is necessary for hearing of the case. There is no reason to adjourn the case to some other date for hearing, Hence the petition for time filed or behalf of the complainant is rejected. This is a case U/S.500 I.P.C. which is triable under summons procedure. Hence the accused is acquitted U/S.256(1) Cr.P.C.” 3. This appeal has been pending since 1997 and none appeared for either of the parties. 4. This Court finds no perversity or legal infirmity in the order passed by the learned trial court. Moreover, much water has already been flown under the bridge by now. So reviving the complaint at this belated stage after more than three decades makes no sense as the allegations are not serious in nature and it will seriously prejudice the accused person. 5. In view of the aforementioned, the criminal appeal stands dismissed. Ashok ( S.S. Mishra) Judge MOHAPATRA