(1) If the summons has been issued on complaint, and on 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 hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or 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.
(2) The provisions of
sub-section (1) shall, so far as may be, apply also to cases where the
non-appearance of the complainant is due to his death.
Code of Criminal Procedure (CrPC)
251 CrPC Substance of accusation to be stated
252 CrPC Conviction on plea of guilty
253 CrPC Conviction on plea of guilty in absence of accused in petty cases
254 CrPC Procedure when not convicted
255 CrPC Acquittal or conviction
256 CrPC Non-appearance or death of complainant
257 CrPC Withdrawal of complaint
258 CrPC Power to stop proceedings in certain cases
259 CrPC Power of Court to convert summons-cases into warrant-cases