(1) If the summons has been issued on complaint, and on the day appointed for
the appearance of the accused, or any day subsequent thereto to which the hearing may be
adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything
hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to
adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer
conducting the prosecution or where the Magistrate is of opinion that the personal
attendance of the complainant is not necessary, the Magistrate may, dispense with his
attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases
where the non-appearance of the complainant is due to his death.
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