JUDGMENT Sureshwar Thakur, J. - The petitioner herein/complainant, becoming aggrieved, from, the, order made, by, the learned Judicial Magistrate concerned, on, 3.7.2018, (i) wherethrough, for, want of personal appearance of the complainant, despite, his holding knowledge, vis-a-vis, Criminal Complainant No.201-3 of 2018, becoming fixed, on, the, afore date, hence, constrained, the, learned Judicial Magistrate concerned, to, dismiss, Criminal Complainant No.201-3, of, 2018, for, non prosecution, has, thereagainst, hence, constituted, the, extant criminal appeal, before, this Court. 2. The statutory tests, for, invalidating, or, for validating, the, impugned order, become(s), embodied, in, Section 256, of, the, Cr.P.C., provisions whereof, stand, extracted hereinafter:- "256. Non- appearance or death of complainant. (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." (i) wherein, it, has become, expostulated, that, if, the, complainant, without, engaging a counsel, made/makes, his personal appearance, before, the learned Magistrate concerned, and, thereafter, he, on the assigned date, for, his, subsequent appearances, therebefore, rather, omits, to, record, his, personal appearance, before, the, learned Magistrate concerned, (ii) thereupon, the, learned Magistrate concerned, becoming, empowered, to, dismiss, the, complaint, for, non prosecution, and, also becoming, further empowered, to, pronounce, an, order, of, acquittal, upon, the accused concerned, (iii) unless, the Magistrate concerned, for, recorded reasons, deems fit, to, adjourn, the, hearing, of, the, case, for, some other date. The afore exception, vis-a-vis, the, mandate, of, Section 256(1) of, the, Cr.P.C., as, occurs in the last portion thereof, though, also empowers, the, learned Magistrate concerned, to, refrain, from, to, at the incipient stage, of, the apposite complaint, hence, make, an, order, of, dismissal of complaint, merely, for non appearance, before, him, of, the, complainant concerned, (iv) yet, the, proviso underneath, Section 256(1), of, the, Cr.P.C., also hereat works, rather vis-a-vis, the complainant, as, the learned counsel appearing for the complainant, has placed, on record, a, validly executed, power, of, attorney, by the complainant, vis-a-vis, one Shri Vinod Kumar Chandel, Advocate, (v) and, thereupon, it, was, imperative, for, the, counsel engaged, by, the, complainant, to, prosecute, the, complaint, and, to, record his personal appearance, before, the, learned Judicial Magistrate concerned, (vi) and, it, was, not imperative, for, the, complainant, to, record on each, and, every date of hearing, his, personal appearances, before, the, learned Magistrate concerned (vii) unless, the, complaint, become listed, for, recording, of, his testimony before, the, learned Judicial Magistrate concerned. Since, a, perusal, of, the, impugned order sheets, reflects, that, the, validly engaged counsel, of, the, petitioner herein/complainant, did not, make, the, imperative appearances, on, behalf, of, the, complainant, before, the, learned trial Magistrate concerned, (viii) thereupon, it, was, inappropriate, for, the, learned trial Magistrate, to, record, in, the, impugned order, that, the, complainant, despite, previously personally appearing, before him/her, and, hence, also his becoming, apprised, vis-a-vis, the, subsequent date, of, hearing, of, the, complaint, hence, to, further conclude, that, the, personal, non appearance, of, the, complainant, constraining, the, making, of, an, order, of, dismissal, of, the, complaint, rather for, non prosecution. It appears, that, the, counsel engaged, by, the, complainant, did not, record, his appearance, on, behalf, of, the, complainant before, the, Magistrate concerned, and, when, the, power of, attorney executed, by, the, complainant, vis-a-vis, the, counsel concerned, exists, on, record, of, the, learned Magistrate concerned, (ix) thereupon, the learned Judicial Magistrate concerned, was, enjoined, to, ensure, from, the, counsel present, in, Court, to, record, proxy appearance(s), on, his behalf, for, thereafter ensuring, that, the, representation, hence, is made, on, behalf, of, the, complainant, before, the, Judicial Magistrate concerned. However, the, afore recourse, was, not availed, by, the, learned Magistrate concerned, and, the, learned Magistrate concerned appears, to, in, a, slip shod manner, hence, record, an, order, of, dismissal, of, the, complaint, rather, for, non prosecution. However, the, afore recourse, was, not availed, by, the, learned Magistrate concerned, and, the, learned Magistrate concerned appears, to, in, a, slip shod manner, hence, record, an, order, of, dismissal, of, the, complaint, rather, for, non prosecution. 3. Consequently, for the foregoing reasons, the instant petition, is, allowed, and, the order impugned before this Court, is, set aside. The learned Judicial Magistrate concerned, is, directed, to, restore the Criminal Complaint No.201-3 of 2018, to, its original number, and, thereafter, proceed, in, accordance, with, law. The parties are directed, to, appear before the learned Judicial Magistrate concerned, on 6th January, 2020. All pending applications, also stand, disposed of. Records, if any, received, be sent back, forthwith, to, the, concerned quarter.