https://www.taxtmi.com/caselaws?id=303176 A Magistrate dealing with a private complaint must examine the complainant on oath under the CrPC before deciding whether to take cognizance or dismiss the matter under Sections 190(1)(a), 200 and 203. Mere repeated absence of the complainant does not create a specific statutory ground for dismissal before the sworn statement is recorded, although the court need not wait indefinitely for appearance. If the complaint is closed in such circumstances, the closure is not an acquittal. Where the absence was explained as illness, the complaint was restored so it could be considered on merits and the dismissal was set aside. en-us Fri, 09 Jul 2010 00:00:00 +0530 Thu, 07 Jul 2022 16:12:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303176 A Magistrate dealing with a private complaint must examine the complainant on oath under the CrPC before deciding whether to take cognizance or dismiss the matter under Sections 190(1)(a), 200 and 203. Mere repeated absence of the complainant does not create a specific statutory ground for dismissal before the sworn statement is recorded, although the court need not wait indefinitely for appearance. If the complaint is closed in such circumstances, the closure is not an acquittal. Where the absence was explained as illness, the complaint was restored so it could be considered on merits and the dismissal was set aside. Case-Laws Indian Laws Fri, 09 Jul 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303176