1. The only question to be decided in this Criminal Appeal is whether the trial Magistrate was right in acquitting the accused under S.247 of the Criminal Procedure Code for the absence of the complainant, when the complainant was but 15 minutes late in reaching the court.

2. The appellant, the Panchayat Officer and the Executive Authority of the Arthat Panchayat was the complainant in the lower court. The four respondents were charged for the offence punishable under S.66 (a) and (b) of the Travancore-Cochin Panchayat Act (Act II of 1950) for having unlawfully and without the knowledge or consent of the Panchayat removed a considerable quantity of earth from a public road thereby causing an obstruction in the road as well as a loss to the Panchayat to the extent of about Rs. 100/-. The complaint was filed before the Second Class Magistrate, Talapilly on 4-7-1961. In pursuance of the summons issued from the court accused 1 and 2 appeared in court on 30-9-1961 and 14-10-1961 respectively. For the appearance of accused 3 and 4 the case was adjourned to 8-11-1961. On that day A2 the husband of the 3rd accused and the 1st accused's surety applied for time on behalf of accuse