Code of Criminal Procedure, 1973–Sec. 256 [Corresponding Sec. 279 of BNSS, 2023]–Scope–If the date is not appointed for appearance of the accused but for some other purpose, acquittal of the accused does not necessarily follow as the logical result of absence of the complainant–The words “on any day subsequent thereto” must be understand in reference to the word preceding namely “the day appointed for the appearance of the accused”–If the date is fixed by the Magistrate for bringing an order from a Superior Court or for showing cause why an order of dismissal should not be passed for continuous absence of the complainant or for producing any material which is not intrinsically connected with any step towards progress of the lis, and the complanant is found to be absent, a dismissal of the complaint can be ordered but the provisions for acquitting the accused may not be attracted unless it happens to be the date appointed for appearance of the accused and they do appear personally or through as advocate also without the Magistrate recording a clear acquittal alongwith the order is dismissal of the complaint–Acquittal need not be read into every such order of dismissal of a complaint owing the absence of the complainant.
