law: Code of Criminal Procedure Act, 1973
  
  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.