175.
| (1) If proceedings had been instituted under section 163 (1) (a) and upon the day and hour appointed for the appearance of the accused or at any time to which the hearing may be adjourned the complainant does not appear, the Magistrate shall, notwithstanding anything herein before contained, acquit the accused unless for some reason he thinks proper to adjourn the hearing of the case to some other hour or' date, and may in addition make an order for payment by the complainant of State costs as hereinafter provided. |
|
| (2) Ho appeal shall lie against the acquittal of the accused under subsection (1). |
|
| (3) If the complainant appears in reasonable time and satisfies the Magistrate that his absence was due to sickness, accident, or some other cause over which he had no control, the Magistrate may after giving the accused an opportunity of being heard, make order canceling the acquittal of the accused. |
|
| (4) An appeal shall his with sanction of the Director of Public Prosecutions against the refusal of the Magistrate to make such order of cancellation. |
|
|
Sri Lanka Consolidated Acts