The Court interpreted Section 256 Cr.P.C. to mean that acquittal under this section is warranted only when the complainant is absent on the date which was set for the appearance of the accused. If the date was set for a purpose other than the appearance of the accused, the absence of the complainant on such a date will not warrant the acquittal of the accused.
“What, therefore, assumes importance for invoking Section 256, Cr. PC is the purpose for which the case is fixed. If the date is not appointed for appearance of the accused but for some other purpose, like in the present case, acquittal of the accused does not necessarily follow as the logical result of absence of the complainant.
Case Title: RANJIT SARKAR VS. RAVI GANESH BHARDWAJ AND OTHERS