The short point that arises for consideration in this Criminal Revision is : On a day when a private complaint was posted for evidence neither the complainant nor any witness was present. The complainant's petition for adjournment and to excuse absence was allowed. The accused's application to dispense with personal attendance for that day and permit him to appear by his pleader was rejected. Can it be said that the Magistrate exercised his discretion judicially and in accordance with settled principles of law?

2. The respondent, a Nursery School Teacher filed a private complaint against the petitioner and another under Section 494, Indian Penal Code before the Judicial Magistrate of the First Class, Cochin. On a warrant issued by the Magistrate the petitioner was arrested by the police. On 3-10-1979 the petitioner appeared before the Magistrate and took bail. The petitioner got a job in Muscat and left Cochin on 2-12-1979. The case came up for trial on 12-2-1980. The complaint applied for adjournment. On behalf of the petitioner-accused an application was filed to dispense with his personal attendance on 12-2-1980 and to permit him to appear by pleader on that day. The