Criminal Procedure Code 119 (iii) If the Court finds that the prosecution has not proved its case beyond reasonable doubt, the Court shall record an order of acquittal. (n) When the proceedings have been instituted upon the complaint of some person upon oath under section 133 and upon any day fixed or the hearing of the case the complainant is absent and the offence may lawfully be compounded, the Court may, in its discretion, notwithstanding anything hereinbefore contained, discharge the accused at any time before calling upon him to enter upon his defence. (o) If the accused does not appear at the time and place mentioned in the summons and it appears to the Court that the summons was duly served a reasonable time before the time appointed for appearing and no sufficient ground is shown for an adjournment the Court may either proceed ex parte to hear and determine the complaint or may adjourn the hearing to a future day. Power to discharge conditionally or unconditionally 173a. (1) Notwithstanding anything contained in section 173, the Court shall have the powers contained in this section. (2) When any person is charged before the Court with an offence punishable by such Court, and the Court finds that the charge is proved, but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment or that it is expedient to release the offender on probation, the Court may, without proceeding to record a conviction, make an order either— (a) dismissing the charge or complaint after an admonition or a caution to the offender as the Court seems fit; or (b) discharge the offender conditionally on his entering into a bond with or without sureties, to be of good behaviour and to appear for the conviction to be recorded and for sentence when called upon at any time during such period, not exceeding three years, as may be specified in the order.