A. Code of Criminal Procedure, 1973 (2 of 1974), Section 256 -- Acquittal/ Dismissal of complaint for want of prosecution -- Power of the Magistrate u/s 256 Cr.P.C to acquit an accused should be exercised judicially, based on a definite conclusion that the complainant no longer desires to prosecute the complaint -- Judicious course would be to direct the complainant to appear for the hearing, if it is imperative, and decide whether the drastic step of acquittal is to be passed in case he fails to appear.

(Para 15)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 256, 378(4) -- Cheque bounce complaint – Absence of complainant -- Dismissed for want of  prosecution -- Neither the complainant was present for trial nor any order directing complainant to remain present was passed on the earlier occasion – Ld. Magistrate ought to have adjourned the complaint to a later date directing the complainant to positively remain present on the next date -- Held, learned Magistrate was not justified in straight away dismissing the complaint and ordering acquittal of the accused respondents on mere non-appearance of the complainant -- Impugned order quashed and set aside -- Proceedings restored to its original number.

(Para 18-20)