188.
| (1) If the summons has been issued on a complaint under section 136 (1) (a) 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 day, and may in addition make an order for payment by the complainant of State costs as hereinafter provided : |
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| (2) If the summons has been issued on a complainant under section 136 (1) (b) or (c) as the case may be, and on the day fixed for trial the prosecution is not ready the court may discharge the accused unless for some reason the court thinks proper to adjourn the hearing of the case to some other hour or day. |
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| (3) If the order of discharge referred to in subsection (2) has been made for the second time in respect of the same offence, such order of discharge shall amount to an acquittal. |
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Sri Lanka Consolidated Acts