C K SIVARAMAN ACHARI Vs. D K AGARWALL

JUDGEMENT

(1.) THE appeal is by a complainant against an order of acquittal under Section 256 Cr. P. C. The case stood posted on 21-10-1976. The complainant and his counsel were absent on that day. The accused who was present requested for an adjournment. However, the court acquitted the accused. The complainant would say that his absence was due to a mistaken impression that the case stood posted to 2710-76. According to him, when the Bench clerk announced the date of hearing on the prevous hearing date, both himself and his counsel understood it as 27-10-76. It was only when he went to court on 2710-1976 that he came to know that the case was taken up on 21-1076 and the accused had already been acquitted on that day.

(2.) THE main contention of the appellant is that the case stood posted for the day for return of summons and the court should have adjourned it to another date in order to enable the complainant to produce witnesses and should not have acquitted the accused.

(3.) SECTION 256 (1) of the Criminal Procedure Code (1974) reads: