2009 (4) TMI 1041

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.... perhaps realizing that the revision was not competent and the order was appealable. As such, the present appeal 4. Whether reporters of the Local papers are allowed to see the judgment? Yes. has been filed, assailing the order of dismissal in default, which was barred by limitation, however, vide order dated 26.2.2009, the delay was condoned. 5. I have heard the learned Counsel for the parties and have examined the record. 6. As a matter of fact, the appellant had filed a complaint before the learned trial court on 30.3.2007. 7. The preliminary evidence by affidavits was led before the learned trial court on 10.5.2007, on considering the complaint, the documents appended thereto and also the affidavits filed in support of the c....

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.... 256. Non-appearance or death of complainant. (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The ....