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2022 (9) TMI 3 - CALCUTTA HIGH COURTDishonor of Cheque - acquittal of the accused - lower court granted relief to the accused non-appearance of the complainant - Section 256 of the Code of Criminal Procedure - HELD THAT:- The provision of Section 256 of the Code of Criminal Procedure clearly imposes a duty upon the Magistrate to proceed with the provisions of the said Section leading to acquittal of the accused if the complainant is found absent. It has been specifically provided in the said Section that unless for some reason he thinks it proper to adjourn the hearing of the case to some other day - In the present case learned Magistrate on three occasions thought it proper to adjourn the hearing of the case to another day (without reasons). But on the date of dismissal i.e. 7th September, 2001 the learned Magistrate did not find any reason, which he thought proper, to adjourn the hearing of the case to some other day (as the Section clearly provides) Learned Magistrate did not adjourn the case on the said date by recording specific reasons and justified his decision in his order relating to the conduct of the complainant on several occasions and proceeded to dismiss the case and finally acquitted the accused persons rightly, complying with the provisions of Section 256 of the Code of Criminal Procedure - the order under appeal being in accordance with the provisions under Section 256 of the Code of Criminal Procedure, wherein the learned Magistrate has recorded specific reasons justifying dismissal of the case and also applied judicial discretion to the facts and circumstances of the case before proceeding to acquit the accused persons under Section 256(1) of the Code of Criminal Procedure by dismissing the case. Considering the conduct of the appellant/complainant before the Trial Court as also before this Court, (in a case of as old as 24 years), this Court is of the view that it seems that the appellant/complainant has lost interest in the appeal as also before the Trial Court and as such this Court finds no reason to interfere with the said order/judgment of acquittal under appeal - Appeal dismissed.
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