STATE OF GUJARAT Vs. KANBI NANJI KANJI

JUDGEMENT

(1.) THIS is an appeal by the State against the acquittal of the respondent under Section 247 of the Cri. Pro. Code. The accused was charged for an offence under Section 24 of the Industries Development and Regulation Act, 1951, for committing breach of Rule 15 of the Bombay Cement Control Order, 1959. The learned Magistrate passed an order ordering that "the complainant is absent and so accused is acquitted under Section 247 Cr. P.C.". Section 247, Cr. P.C. reads as follows:" 247. If the summons has been issued on complaint, and upon 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 herein before contained, acquit the accused, unless for some reasons he thinks proper to adjourn the hearing of the case to some other day: Provided that 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." Section 249 Cr. P.C. reads as follows:-

(2.) THE order of the learned Magistrate of acquittal passed under Section 247, Cr. P.C. is, therefore, set aside, and the matter is sent back to the learned Magistrate to pass an order under Section 249, Cr. P.C. and it is also open to him to order costs under Section 344(1-A) Cri. P.C. against the defaulting party. Appeal allowed.