This appeal by the State is directed against an order of a Magistrate Second Class Bilaspur whereby in the exercise of powers conferred by Sec. 247, Cr.P.C., the respondent was acquitted of an offence under Sections 32 and 33 of the Indian Forest Act, 1927. The Divisional Forest Officer Bilaspur Forest Division sent to the District Magistrate Bilaspur three challans on 6th August, 1960, and one of those No. 20 pertained to the respondent. The District Magistrate forwarded the letter received from the Divisional Forest Officer to the Magistrate Second Class Sadar for disposal. The Magistrate took cognizance of the case and the respondent was summoned. The complainant's evidence was closed on the 28th February 1961 and 14-3-61 was fixed for further proceedings. The presiding officer did not attend the Court on that date or on the date next fixed for the disposal of the case. The case was taken up on 16-5-1961. The complainant was not present but on his behalf one Shri Shiv Dev Singh Range Officer was present. The learned Magistrate, however, dismissed the complaint.

2. Section 247, Cr. P. C. runs as below :-

"If the summons has been issued on complaint, and upon the day app