T filed a criminal complaint against R.  R was served on 3.8.1962.  Statement of accused was recorded on 13.9.1962.  On 19.10.1962 the complainant and his four witnesses were examined.  Two official witnesses on behalf of prosecution were ordered to be summoned through court for 26.11.1962.  The complainant deposited the requisite process fee, etc., on 20.10.1962. On 26.11.1962 the case was called but the complainant was absent, although his counsel was present.  It was argued on behalf of the accused that as provided by Sec. 256, Cr. P.C. the complaint ought to be dismissed and the accused be acquitted on account of absence of the complainant.   The complainant’s counsel opposed, pleading that there was no need for the presence of the complainant on that date as the case could not proceed because the summons to the official witnesses were not issued by the office of the Court in spite of the deposit of process fee. Decide.