Article 165 — Absence/II privateprosecutor.

(I) Where the pllvate prosecutor fails without good cause to appear on the the date fixed for the hearing, the court shall strike out the case and order the discharge of the accused. (2) Where a case has been struck out under sub-art. (I). the private prosecutor may, within fifteen days of such striking out, apply to the court to have a a fresh hearing date fixed. No application shall be granted unless the pnvate prosecutor satisfies the court that his failure to attend on the day of the hearing was due to causes beyond his control. (3) Where no application is made within fifteen days or it is dismissed. the striking out shall be final with regard to the private prosecutor.