( 1 ) THE present appeal is preferred against the order dated 5/03/1984 passed by the learned Metropolitan Magistrate, Court No. 5, Ahmedabad, in Criminal Case No. 1908 of 1982 acquitting the accused under Sec. 256 of the Code of Criminal Procedure as the complainant the appellant herein, was absent on that day.

( 2 ) THE appellant herein is the original complainant who lodged the complaint against the accused for defamation under See. 500 of the Indian penal Code alleging that the accused told the complainant on 13/12/1980 at about 3-30 or 4-00 p. m. , that the complainant was drunk and was behaving disorderly in public. The complainant, therefore, alleged that the accused by describing the complainant as drunkard, intended to make imputation with a view to cause harm or knowing or having reason to believe that such imputation will cause harm to the reputation of the complainant and thereby he defamed the complainant. The complainant has, therefore, filed the aforesaid complaint in the Court of the Metropolitan Magistrate, Ahmedabad.

( 3 ) THE complaint was adjourned from time to time for recording the evidence in it. On 5/03/1984, the complainant being a Government serva