Section 249:
Absence of complainant.
When the proceedings have been instituted upon complaint, and on any day
fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a
cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any
time before the charge has been framed, discharge the accused.