https://www.taxtmi.com/caselaws?id=367261 Section 256 CrPC is meant to address non-appearance of the complainant, but a Magistrate must exercise the power to acquit judicially. Where the complainant had already completed evidence, the matter had reached the judgment stage, and personal attendance was not necessary, dismissal for default was not in accordance with law. The record also showed that no opportunity or notice was given before the complaint was dismissed. The dismissal was therefore unsustainable and was set aside, and the matter was remitted to the Trial Court for disposal on merits. en-us Wed, 29 Aug 2018 00:00:00 +0530 Tue, 18 Sep 2018 08:01:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=367261 Section 256 CrPC is meant to address non-appearance of the complainant, but a Magistrate must exercise the power to acquit judicially. Where the complainant had already completed evidence, the matter had reached the judgment stage, and personal attendance was not necessary, dismissal for default was not in accordance with law. The record also showed that no opportunity or notice was given before the complaint was dismissed. The dismissal was therefore unsustainable and was set aside, and the matter was remitted to the Trial Court for disposal on merits. Case-Laws Indian Laws Wed, 29 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=367261