https://www.taxtmi.com/caselaws?id=434733 A complaint should not be dismissed solely because the complainant is absent if the complainant's evidence has already been recorded and the matter can proceed on the existing record. The proviso to Section 256(1) of the Code of Criminal Procedure permits the Magistrate to dispense with the complainant's attendance where personal presence is unnecessary, including at the stage of defence evidence. In such a situation, the court should consider whether the case can be decided on merits and whether any pending application under Section 311 can still be dealt with. The complaints were therefore not liable to be dismissed merely for non-appearance. en-us Wed, 01 Mar 2023 00:00:00 +0530 Fri, 03 Mar 2023 08:36:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=434733 A complaint should not be dismissed solely because the complainant is absent if the complainant's evidence has already been recorded and the matter can proceed on the existing record. The proviso to Section 256(1) of the Code of Criminal Procedure permits the Magistrate to dispense with the complainant's attendance where personal presence is unnecessary, including at the stage of defence evidence. In such a situation, the court should consider whether the case can be decided on merits and whether any pending application under Section 311 can still be dealt with. The complaints were therefore not liable to be dismissed merely for non-appearance. Case-Laws Indian Laws Wed, 01 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=434733