SIVARAMAN ACHARI Vs. AGARWALL

JUDGEMENT

(1.) The appeal is by a complainant against an order of acquittal under S.256 Cr. P.C. The case stood posted on 21st October 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 is stood posted to 27th October 1976. According to him, when the bench clerk announced the date of hearing on the previous hearing date, both himself and his counsel understood it as 27th October 1976. It was only when he went to court on 27th October 1976 that he came to know that the case was taken up on 21st October 1976 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.) S.256 (1) of the Criminal Procedure Code, 1973 reads: