https://www.taxtmi.com/caselaws?id=75305 In a private complaint case governed by the procedure for cases instituted otherwise than on a police report, absence of the complainant is dealt with under section 249 of the Code of Criminal Procedure, not section 256. Section 256, which applies to summons cases and results in acquittal for non-appearance, is materially different from discharge under section 249. A discharge under section 249 does not operate as an acquittal or bar a fresh complaint under the rule against double jeopardy. The mistaken use of section 256 was therefore unsustainable, and the complaint was restored for further proceedings. en-us Thu, 03 Apr 2008 00:00:00 +0530 Tue, 06 Apr 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=75305 In a private complaint case governed by the procedure for cases instituted otherwise than on a police report, absence of the complainant is dealt with under section 249 of the Code of Criminal Procedure, not section 256. Section 256, which applies to summons cases and results in acquittal for non-appearance, is materially different from discharge under section 249. A discharge under section 249 does not operate as an acquittal or bar a fresh complaint under the rule against double jeopardy. The mistaken use of section 256 was therefore unsustainable, and the complaint was restored for further proceedings. Case-Laws Income Tax Thu, 03 Apr 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=75305