Cr.A. No. 481of 2010. 01.06.2011. Present: Mr. Anup Rattan, Advocate, for the appellant. Mr. R.K.Gautam, Senior Advocate with Mr. Vikrant Chandel, Advocate, for respondent No.1. Mr. Inder Dutt Bhardwaj, Advocate, for respondent No.2. This appeal has been filed against the order dated 17.05.2010 passed by learned Judicial Magistrate Ist Class, Chamba in case No. 281-1/07 acquitting the respondents in a complaint filed by the petitioner under Sections 451, 323,500, 506-I read with Section 34 IPC . The perusal of the order dated 17.05.2010 indicates that complainant/petitioner was not present in the Court on 17.05.2010, an application was filed for exemption of the complainant which was rejected on the ground that affidavit in support of the application or MLC has not been filed along with the application. The learned Court below has further observed that C.W.s served not present and, therefore, the complaint was dismissed and the respondents were acquitted under Section 256 Cr.P.C. In so far as the rejection of the application for exemption is concerned, the Court has rejected the application on the ground that affidavit or MLC in support of the application has not been filed, but no finding has been recorded that the grounds stated in the application are false. The witnesses were served, but they were not present. The Court below should have taken appropriate steps for enforcing presence of the witnesses when they were not present despite service. The learned Court below has not properly exercised the jurisdiction in dismissing the complaint on the grounds stated in the order dated 17.05.2010. Accordingly, the appeal is allowed. The order dated 17.05.2010 is set aside. The parties through their counsel are directed to appear before the learned Court below on 28.06.2011. The Court below shall decide the complaint in accordance with law. Record of the case be sent back to the Court below immediately so as to reach before the date fixed. (Kuldip Singh), Judge. June 1, 2011. (krt)