dismissed the complaint of the present appellant u/s 256
Cr.PC for want of appearance of the complainant ... from the criminal court except
as provided by the Code or by any other law for time being
in force. Under section 374
this Court has
discretion to restore the complaint and bar of Section 256 Cr.P.C.
is not applicable according to the facts of this ... maintainable.
Crl. (R) 116/2022
Ms. Jyoti Dabral vs. Ashok Anand Maharaj & Ors. Page 2 of 5
:: 3 ::
6. Section 256
petitioner. As such the complaint was dismissed u/s 256 CrPC for
Distt. Judge/ASJ, ND
Abhishek Choudhary Vs State Page ... view of language of section 256 CrPC.
14 Section 256 CrPC reads as under:
"256. Nonappearance or death
dismissed and accused had been deemed to
have been acquitted u/s 256 Cr.P.C.
2. Brief facts leading to the present revision ... complainant, hence the matter was dismissed and accused was
acquitted u/s 256 Cr.P.C.
3. Now the revisionist has challenged the order
Negotiable Instruments Act, ( hereinafter "the Act") was
dismissed under section 256 Cr.P.C. and the respondents were
acquitted.
2 The trial court ... date of hearing. The complaint was dismissed in
default u/s 256 CrPC . The Hon'ble High Court after taking into
account
foremost question is whether
it is to be dismissed u/s 256 CrPC.
2. Section 256 CrPC applies only ... rather case was fixed for pre-summoning evidence. So,
section 256 CrPC is not applicable. So far as non prosecution is
concerned
order passed by
the learned Magistrate under section 256(1) of
the Criminal Procedure Code, 1973. There is no
dispute about the fact that ... learned Magistrate
has dismissed the complaint under section 256(1)
of the Criminal Procedure Code, 1973, as the
complainant remained absent and as a
consequence
order passed by
the learned Magistrate under section 256(1) of
the Criminal Procedure Code, 1973. There is no
dispute about the fact that ... learned Magistrate
has dismissed the complaint under section 256(1)
of the Criminal Procedure Code, 1973, as the
complainant remained absent and as a
consequence
fees, within a
reasonable time, under Section 204, thereof. In contrast, Section
256 Cr.P.C. envisions a situation where the summons have been
issued ... dismissal of the
complaint in default under Section 256 of the
Criminal Procedure Code, entails the acquittal of the
accused. Once an accused has been
dismissed by the trial Court exercising the power under Section 256 Cr.P.C., on failure
of the complainant or her power of attorney ... defence,
the apex Court has considered as to whether provisions of Section 256 Cr.P.C., providing
for disposal of a complaint in default, could
