M.Mariyappan vs The State Represented By on 8 January, 2025
13.In this case, the defacto complainant was served and his
name is also printed in the cause list. But he has not chosen to enter
appearance in support of the impugned judgment. The Hon'ble Division
Bench of Calcutta High Court in the decision reported in 2023 SCC
OnLine Cal 3780 (Sudip Mondal Vs State of West Bengal) held that
though notice under Section 15A(3) of the Act is mandatory, the
presence of the victim or dependent in the course of the proceeding is not
mandatory. We are satisfied that the statutory mandate has been met in
this case. The appellate Court is not obliged to go in search of the
defacto complainant who has chosen not to enter appearance after receipt
of notice.