GUNARAM LILHARE Vs. SANTRAM VERMA

JUDGEMENT

(1.) Head on admission.

(2.) This petition under Section 482 of the Cr.P.C. has been filed by the petitioners aggrieved by order dated 6.7.2011 passed in Criminal Revision No.43/2010, whereby order dated 29.10.2010 passed by the Magistrate, rejecting petitioner's application under Section 256 of the Cr.P.C, has been affirmed.

(3.) Respondent No.1 filed complaint against the petitioners/accused in the year 2008, alleging commission of offence under Section 500 of the IPC. On 29.10.2010, the complaint case was fixed for arguments on objection application filed by the petitioners, but, on that date, respondent No.l, the complainant was not present. The learned Magistrate recorded absence of the complainant and adjourned the hearing of the case, which was directed to be listed for arguments and further proceedings on 15.11.2010. According to the petitioners, absence of the complainant on 29.10.2010 rendered the complaint liable to be dismissed under the mandate of the provision contained in Section 256 (1) of the Cr.P.C. Revision petition was preferred against order dated 29.10.2010, which too has been dismissed, vide impugned order dated 6.7.2011, giving rise to this petition.