Section 256 CrPC requires acquittal for complainant's absence unless adjournment is justified by recorded reasons.

Where summons had been issued on a complaint and the complainant failed to appear on the fixed date, Section 256(1) of the Code of Criminal Procedure required acquittal unless the Magistrate recorded reasons to adjourn the matter. The complainant's absence, the absence of counsel, and no application for adjournment indicated lack of diligent prosecution. On those facts, the Magistrate's discretion was exercised properly and no illegality or infirmity was found in the acquittal order, which was therefore upheld.

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Issues: Whether the acquittal of the accused under Section 256 of the Code of Criminal Procedure, 1973 was justified when summons had been issued, plea had been recorded, and the complainant remained absent on the appointed date.

Analysis: Section 256(1) mandates acquittal where summons has been issued on a complaint and the complainant does not appear on the date fixed or any subsequent adjourned date, unless the Magistrate considers adjournment proper for recorded reasons. The absence of the complainant and its advocate on the relevant date, the lack of any application for adjournment, and the long delay in challenging the order supported the view that the complaint was not being diligently prosecuted. The discretion vested in the Magistrate under Section 256(1) had to be exercised cautiously, but on the facts the Magistrate had no reason to adjourn the matter further.

Conclusion: The acquittal under Section 256 of the Code of Criminal Procedure, 1973 was upheld, and no illegality or infirmity was found in the Magistrate's order.

Final Conclusion: The appeal failed because the order of acquittal was held to be a proper exercise of the Magistrate's statutory discretion in view of the complainant's non-appearance.

Ratio Decidendi: Where summons has been issued on a complaint and the complainant remains absent on the appointed date without sufficient cause, the Magistrate is bound to acquit the accused unless reasons exist to adjourn the case, and such acquittal will not be interfered with if the discretion is properly exercised.

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