https://www.taxtmi.com/caselaws?id=25939 An acquittal recorded under Section 256 CrPC in a summons case is a final order and cannot be reviewed or altered under Section 362 CrPC, except for clerical or arithmetical correction. The distinction from Section 249 is material because that provision applies to discharge in warrant cases and has no application to a summons case. On the facts discussed, the offence was triable as a summons case, so the Magistrate's acquittal for the complainant's absence could not be restored or reopened. The attempted restoration was therefore without jurisdiction and the earlier dismissal stood as an acquittal in law. en-us Thu, 22 Aug 1985 00:00:00 +0530 Mon, 01 Feb 2010 17:37:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=25939 An acquittal recorded under Section 256 CrPC in a summons case is a final order and cannot be reviewed or altered under Section 362 CrPC, except for clerical or arithmetical correction. The distinction from Section 249 is material because that provision applies to discharge in warrant cases and has no application to a summons case. On the facts discussed, the offence was triable as a summons case, so the Magistrate's acquittal for the complainant's absence could not be restored or reopened. The attempted restoration was therefore without jurisdiction and the earlier dismissal stood as an acquittal in law. Case-Laws Income Tax Thu, 22 Aug 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=25939