If a summons has been issued on a complaint and, on the appointed date or any subsequent adjourned date, the complainant fails to appear, the Magistrate shall, notwithstanding any prior provisions, acquit the accused unless he deems it appropriate to adjourn the hearing to another date.
However, if the complainant is represented by a pleader or the prosecuting officer, or if the Magistrate considers the complainant’s personal attendance unnecessary, the Magistrate may dispense with his presence and proceed with the case.
The provisions of Sub-Section (1) shall also apply, as far as possible, in cases where the complainant’s absence is due to death.
