Absence of complainant – Magistrate has discretion to dismiss the complaint if on any date fixed for hearing the complainant fails to appear in the Court and at the same time, if the Magistrate finds that there is some reason or that the presence of the complainant was not required, he in his discretion can adjourn the complaint -- However, the Magistrate while acting under the said proviso has to take into consideration that the powers vested therein have to be exercised in the interest of justice.

(P&H HC) Decided on: 04.05.2015