2000 (10) TMI 982

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....down under the relevant provisions of the Negotiable Instruments Act to prefer the complaint. The learned Judicial Magistrate, Bhavani, took the complaint on file in C.C. No. 281 of 1999 on 9-9-1999. But the complaint was dismissed on 28-4-2000. The learned Judicial Magistrate has passed the following order:--         The case was called on for hearing today to which it had been posted. The complainant not being present either in person or by pleader, or having been reported dead the accused is acquitted Section 256, Criminal Procedure Code. Against this order, the complainant has preferred this criminal appeal. 2. The learned counsel for the appellant submits that pending issuance of summons to t....

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....e complainant is not necessary on that day the Magistrate has the power to dispense with this attendance and proceed with the case. When the Court notices that the complainant is absent on a particular day the Court must consider whether personal attendance of the complainant is essential on that day for the progress of the case and also whether the situation does not justify the case being adjourned to another date due to any other reason. If the situation does not justify the case being adjourned the Court, is free to dismiss the complaint and acquit the accused. But if the presence of the complainant on that day was quite unnecessary then resorting to the, step of axing down the complaint may not be a proper exercise of the power envisag....