5. No doubt, a perusal of Section 256 of Cr.P.C. shows that if the summons has been issued on complainant, 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 herein before 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 office 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. Here the complaint was dismissed for absence of the complainant or his counsel. Though there are latches on the part of the complainant for his absence with no representation on that day, the dismissal of the complaint by the trial judge is not justified even within the meaning of Section 256 of Cr.P.C. Having regard to the above, the dismissal of the complaint is to be set aside to subserve the ends of justice by restoring the complaint to decide the case on merits. Accordingly, Point No.1 is answered.
