accordingly, procedure for summons case provided in
Chapter XX of the Code of Criminal Procedure (hereinafter
referred to as " CrPC ... under Section 138 of the NI Act. In
this Chapter, Section 256 CrPC deals with a situation of
nonappearance or death
HCHP
3
XX of the Code of Criminal Procedure (hereinafter referred to
as " CrPC ") is applicable during the trial initiated ... under Section 138 of the NI Act. In this Chapter,
Section 256 CrPC deals with a situation of non-appearance or
death
including a provision like Sec.247 in the old Code
(Sec.256 in the new Code). The Supreme Court has stated
thus:
"What ... subject
Crl.AppealNos.448/2011
& 232of2012
37
matter of Crl. Appeal 232/2012, the learned Magistrate
acquitted the accused under Sec. 256 (1)
illegal because when complainant is absent in a complaint case under section 256 Cr.P.C, the magistrate was empowered to acquit the accused ... Chapter XX of the Code of Criminal Procedure deals with trial of summons cases by Magistrates.
Section 256 of the Code reads as under
accordingly, procedure for summons case provided in Chapter
XX of the Code of Criminal Procedure (hereinafter referred to
as " CrPC ... under Section 138 of the NI Act. In this Chapter,
Section 256 CrPC deals with a situation of non-appearance or
death
accordingly, procedure for
summons case provided in Chapter XX of the Code of Criminal Procedure
(hereinafter referred to as " CrPC ... under Section 138 of the NI Act. In this Chapter, Section
256 CrPC deals with a situation of non-appearance or death
accordingly, procedure for
summons case provided in Chapter XX of the
Code of Criminal Procedure (hereinafter referred
to as " CrPC ... under Section
138 of the NI Act. In this Chapter, Section 256
CrPC deals with a situation of nonappearance
or death
accordingly, procedure for
summons case provided in Chapter XX of the
Code of Criminal Procedure (hereinafter referred
to as " CrPC ... under Section
138 of the NI Act. In this Chapter, Section 256
CrPC deals with a situation of nonappearance
or death
accordingly, procedure for summons case provided in Chapter XX
of the Code of Criminal Procedure (hereinafter referred to as
" CrPC ... under Section 138 of the NI Act. In this Chapter,
Section 256 CrPC deals with a situation of non-appearance or
death
this context, I deem it appropriate to reproduce Section 256
of the Code of Criminal Procedure, which is read as under:-
"S.256 ... without issuance of such notice,
adopting the procedure of dismissing the complaint under section
256(1) Cr.P.C. is not at all applicable. Similar
