( 1 ) THIS reference under S. 438 of Crl. P. C. is by the Sessions Judge, dharwar. By an order made in Criminal Revision Petition No. 56/72, he has recommended to this court that an order made by the J. M. F. C. , dharwar in Misc. Application No, 83 72 be quashed. The said application had been made by the Complainant in C. C. No. 1571/71 requesting for the restoration of the complaint after setting aside the order of dismissal for default and acquitting the accused.

( 2 ) THE complaint was one under S. 323 I. P. C. and was triable by following the procedure prescribed under Chapter 20 of Cr. P. C. relating to the trial of summons cases. It would appear that on 18-1-1972, when the case was called on for hearing, the complainant wes absent. The learned Magistrate thereupon kept by the file and called the case later at about 1-20 p. M. Finding that the complainant still absent, he made an order acquitting the accused. Nearly a month thereafter on 19-2-72 the complainant presented the Misc. Application No. 83/72 requesting for the revival of the complaint. In the said application he tried to show cause for his absence on the previous date of hearing. The learned Magist