JUDGMENT

Behera, J.-The appellant, who was the complainant in the court below, assails the order dated June 27, 1980 passed by the learned Sub. divisional Judicial Magistrate, Sonepur, acquitting the respondents, who were the accused persons in a case under section 323 read with section 34 of the Indian Penal Code, because of non-appearance of the appellant and his witnesses, by applying section 256 (1) of the Code of Criminal Procedure. I have heard Mr. M.R. Mohanty for the appellant and Mr. G.S. Das for the respondents. Mr. Mohanty has submitted that the appellant had absented himself for reasons beyond his control and the learned Sub-divisional Judicial Magistrate did not exercise his judicial discretion properly and passed an order under section 256 (1) of the Code of Criminal Procedure arbitrarily. Mr. G.S. Das, however, has submitted that as neither the appellant appeared nor any witness was produced, the learned Sub-divisional Judicial Magistrate did not choose to adjourn the case and it cannot be said that he had exercised his jurisdiction improperly:

2. A perusal of the record would show that after obtaining an adjournment on June 16, 1980 on an application made by him for