SANJEEV GUPTA Vs. KARAM DASS

JUDGEMENT

(1.) The instant appeal stands directed against the orders recorded on 6.3.2007 by the learned trial Magistrate whereby he for want of appearance thereat of the complainant or his counsel hence for want of its prosecution, dismissed the apposite complaint.

(2.) The learned trial Magistrate in making the impugned pronouncement, appears to anvil it upon the mandate held in Section 256 of the Cr.P.C, provisions whereof stand extracted hereinafter:-

(3.) The power vested in sub-section (1) thereof upon the Magistrate concerned, gets awakened, on the complainant despite his standing served for a particular date for his recording his appearance, his not thereat recording his appearance whereupon the Magistrate concerned holds the jurisdiction to acquit the accused, unless for a good reason, the Magistrate concerned in his wisdom deems it fit to adjourn the case to some other day.