( 1 ) A criminal complaint filed on behalf of the Municipality of Kalol was dismissed and the accused were acquitted on the ground that the complainant was absent when he was called out. On the same day a few hours later the complainant gave an application stating that he was present in the Court and did not hear of his name being called out. He therefore. prayed that the complaint which was dismissed under section 247 Cr. P. C. should be restored but the learned Magistrate rejected the request. Hence this revision application by the original complainant.

( 2 ) 2. Section 247 Cr. P. C reads as follows:-"if the summons has been issued on complaint and upon 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 hereinbefore contained acquit the accused unless for some reason he thinks proper to adjourn the hearing of the case to some other day. . . . . "

( 3 ) THE complainant was present on the day to which the matter was adjourned. The section does not talk of a particular time. The section also does not say that the complainant