Maximum punishment determines whether a complaint is a warrant case, and Section 256 cannot justify acquittal in such cases.

Classification of a criminal complaint as a summons case or warrant case depends on the maximum punishment prescribed for the alleged offence. Where the offence is punishable with imprisonment extending beyond two years, it is treated as a warrant case, and the procedure applicable to summons cases does not apply. Section 256 of the Code of Criminal Procedure, 1973 is confined to summons cases; if the matter is a warrant case, acquittal under that provision is not legally permissible and the proper course is discharge under the warrant-case procedure.

---

---

Issues: (i) Whether the offence disclosed in the complaint was triable as a warrant case or a summons case. (ii) Whether an acquittal under Section 256 of the Code of Criminal Procedure, 1973 was valid in the facts of the case.

Issue (i): Whether the offence disclosed in the complaint was triable as a warrant case or a summons case.

Analysis: The character of the case depended on the highest punishment prescribed for the offence disclosed in the complaint. The complaint alleged an offence punishable with imprisonment extending up to three years under the Central Excises and Salt Act, 1944. Since a warrant case includes an offence punishable with imprisonment for a term exceeding two years, the proper classification was that of a warrant case and not a summons case.

Conclusion: The case was a warrant case.

Issue (ii): Whether an acquittal under Section 256 of the Code of Criminal Procedure, 1973 was valid in the facts of the case.

Analysis: Section 256 applies only to a summons case. Once the matter was required to be treated as a warrant case, acquittal under that provision was not legally permissible. The proper course, if the complainant remained absent, was discharge under the provision applicable to warrant cases.

Conclusion: The acquittal under Section 256 was invalid and liable to be set aside.

Final Conclusion: The complaint had to proceed as a warrant case, and the matter was sent back for trial in accordance with the procedure governing warrant cases.

Ratio Decidendi: For classifying a criminal case as a summons case or a warrant case, the determining factor is the maximum punishment prescribed for the offence disclosed in the complaint, and Section 256 of the Code of Criminal Procedure, 1973 cannot be used to acquit in a warrant case.

---