(1.) The appellants - legal heirs of original complainant have filed this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short "the Code"), being aggrieved and dissatisfied with the order dated 18.04.2019 passed by the learned 14th Additional Chief Judicial Magistrate, Vadodara (hereinafter referred as "the learned Trial Court") in Criminal Case No. 11690 of 2015.
(2.) Heard learned Advocate Mr. Saket A. Waghela the for the appellants, learned APP Ms. Jirga Jhaveri for respondent No.1 - State. Though the Respondent No. 2 duly served, choose not to remain present either personally or through an advocate.
(3.) The Learned 14th Additional Chief Judicial Magistrate, Vadodara has passed an order dated 18.04.2019, dismissing the private complaint being Criminal Case No. 11690 of 2015 filed by the present appellant against the respondent No. 2 for the offences punishable under Section 138 of the Negotiable Instruments Act (For brevity "NI Act") for default for non-prosecution as the appellant-original complainant nor his advocate remain present to proceed further in the criminal case.