( 1 ) THESE two appeals are filed by the State against the present respondent who is the Manager of a factory known as Sudershan Khandsari Udyog Private Limited at Cheswad Taluka Valia District Broach. The accused was charged for offences under sec. 21 (1) (v) (c) and under sec. 6611) (b) of the Factories Act punishable under sec. 92 of the said Act. The prosecution case was that when the Factory Inspector visited the premises he found that woman employees were working on the night shift in contravention of section 66 (1) (b) and that one sub work woman had her sari caught in conveyer belt resulting in injury to her and hence the accused was said to have committed an offence punishable under sec. 21 (1) (iv) (c) of the Factories Act. During the course of the trial the complainant failed to remain present on the day on which the matter was fixed for hearing i. e. 30/06/1979 The learned Magistrate therefore passed an order discharging the accused on the ground that the complainant was not present. Against the said order of discharge the state has come in appeal. It is important to note here that no reason for absence was given before the learned Magistrate either by