JUDGMENT :

This appeal is against the order of acquittal under Section 256 (1) Cr.P.C..

2. The order of the learned Chief Judicial Magistrate, Thrissur is extracted below for reference:-

“Complainant absent. Accused present. Sureties present. Bail granted to accused on his executing bond for Rs.10,000/- with two solvent sureties. Complainant absent on the day when the accused was to appear. There is no representation also from the side of complainant. The name of accused and his counsel called in the open court.

As complainant is absent on a day posted for the appearance of accused, accused is acquitted under Section 256 (1) Cr.P.C.”

3. The salutary principle embodied under the various provisions of the Code was not properly understood by the learned Chief Judicial Magistrate, but passed an order of acquittal mechanically, even without going into the various aspects of Sec.256 Cr.P.C., which is extracted below for reference:

“256. Non-appearance or death of complainant.-

(1) If the summons has been issued on complaint, and on 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 Magist