V.L. Achliya, J.

By the present appeal, the appellant original complainant has challenged the impugned order dated 11.12.2015 passed in Sum. Criminal Case No. 431/2011 by the J.M.F.C Paithan Dist. Aurangabad. By the impugned order the learned judge has dismissed the complaint and acquitted the accused by exercising powers under section 256 of the Code of Criminal Procedure.

2. Before adverting to appreciate the submissions advanced, it is necessary to consider the brief fact leading to filing of this appeal. The complainant had filed Criminal complaint under section 323, 504, 506 r.w. 34 of the Indian Penal Code as against the respondents/accused. On due consideration of the allegations made in the complaint and verification of the complainant the learned Judicial Magistrate First Class, Paithan pleased to issue process under section 323, 504, 506 r.w. 34 of the Indian Penal Code vide order dated 09.11.2011. Pursuant to the order passed the summons were issued and accused appeared in the matter. Since thereafter the case was adjourned for one or the other reasons. On 11.12.2015 the learned Magistrate passed the following order and dismissed the complaint. The impugned order