PUNJAB STATE WAREHOUSING CORP.FARIDKOT vs M/S SH.DURGA JI TRADERS .

The Supreme Court held that the dismissal of a private complaint under Section 482 of the Code of Criminal Procedure, 1973, for non-appearance of the complainant constitutes an acquittal of the accused under Sections 406 and 409 of the Indian Penal Code, 1860. The Court emphasized that the complainant's exemption from personal appearance does not negate the requirement for the complainant to be present or to seek a fresh exemption when necessary. The High Court's dismissal of the petition for restoration of the complaint was upheld, reinforcing the principle that a dismissal in default is final and cannot be reviewed under the Criminal Procedure Code.