245. Acquittal.__(1) If the Magistrate upon taking the evidence referred to in section 244 and such
further evidence (if any) as he may, of his own motion, cause to be produced, and (if he thinks fit)
examining the accused, finds the accused not guilty, he shall record an order of acquittal.
(2) Sentence. Where the Magistrate does not proceed in accordance with the provisions of section 349
* * *, he shall, if he finds the accused guilty, pass sentence upon him according to law.]
1
2
3[245A. Procedure in case of previous convictions. In a case where a previous conviction is charged
under the provisions of section 221, subsection (7), and the accused does not admit that he had been
previously convicted as alleged in the charge, the Magistrate may, after he has convicted the accused under
section 243, or under section 245, subsection (2), take evidence in respect of the alleged previous
conviction, and, if he does so, shall record a finding thereon.]
246. [Finding not limited by compliant or summons.] Omitted by the Law Reforms Ordinance, 1972
(XII of 1972), s.2. and Sch.
247. Nonappearance of complainant. If the summons has been issued on complaint, and upon 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, not withstanding anything herein before
contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to
some other day :
Provided that, where the complainant is a public servant and his personal attendance is not required, the
Magistrate may dispense with his attendance, and proceed with the case[:]4
[Provided further that nothing in this section shall apply where the offence of which the accused is
charged is either cognizable or noncompoundable.]
5
248. Withdrawal of complaint. If a complainant, at any time before a final order is passed in any case
under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw
his complaint the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused.
249. Power to stop proceedings when no complainant. In any case instituted otherwise than upon
complaint, 6* * * a Magistrate of the first class, or with the previous sanction of the 7[Sessions Judge], any
other Magistrate, may for reasons to be recorded by him, stop the proceedings at any stage without
pronouncing any judgment either of acquittal or conviction, and may thereupon release the accused.
1 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923) s. 68, for the original subsection (2).
2 The words “or section 562” omitted by Ordinance 12 of 1972 s.2 and Sch.
3 Ins. ibid.
4 Subs. ibid. for fullstop.
5 Proviso added ibid.
6 The words “a Presidency Magistrate” omitted by A.O. 1949, Sch.
7 Subs. by Ord. 12 of 1972, s. 2 and Sch., as a amended by Act 23 of 1997.
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