https://www.taxtmi.com/caselaws?id=440486 Section 256 CrPC confers a discretionary power to dismiss a complaint for non-appearance, but that discretion must be exercised with regard to the stage of proceedings and whether the complainant's presence is truly necessary. A complaint should not be dismissed mechanically for absence on isolated dates, especially where the matter has already progressed and less drastic options such as adjournment or costs are available. On these facts, dismissal was held unjustified, the order was set aside, and the complaint was restored for continuation from the stage of filing the complainant's affidavit. en-us Tue, 11 Jul 2023 00:00:00 +0530 Wed, 19 Jul 2023 21:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=440486 Section 256 CrPC confers a discretionary power to dismiss a complaint for non-appearance, but that discretion must be exercised with regard to the stage of proceedings and whether the complainant's presence is truly necessary. A complaint should not be dismissed mechanically for absence on isolated dates, especially where the matter has already progressed and less drastic options such as adjournment or costs are available. On these facts, dismissal was held unjustified, the order was set aside, and the complaint was restored for continuation from the stage of filing the complainant's affidavit. Case-Laws Indian Laws Tue, 11 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=440486