Negotiable Instruments Act, 1881–Sec. 138–Code of Criminal Procedure, 1973–Sec. 219–Dismissal of complaint for non-appearance of the complainant–Justification–Statement of complainant has been recorded and he has also been subjected to cross-examination–As per Sec. 256(1), where the Magistrate is satisfied that the personal attendance of the complainant is not necessary, he can dispense with the attendance of the complainant and proceed with the case–Situation may arise where the evidence of complainant/prosecution has been complete–After closing the evidence, the complainant moved the application u/s. 311 to examine further witnesses–If the complainant did not appear to press his application, the same could be dismissed and the trial Court was to proceed with the case on the basis of available evidence–Impugned order is liable to be set aside.
