JIGNESHBHAI ARVINDBHAI CHOLERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - Original Complainant has filed this appeal under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred as 'the Code'), being aggrieved and dissatisfied with the order dated 12.09.2018 passed by the learned 3rd Additional Chief Judicial Magistrate, Rajkot (hereinafter referred as 'the learned Trial Court') in Criminal Case No. 875 of 2016.

(2.) Heard learned Advocate Mr.M.S.Padaliya, for the appellant, learned APP Ms. Jirga Jhaveri for respondent No.1 - State. Though the Respondent Nos. 2 and 3 duly served, not to choose to remain present either personally or through an advocate.

(3.) Learned 3rd Additional Chief Judicial Magistrate, Rajkot has passed an order dated 12.09.2018, dismissing the private complaint being Criminal Case No. 875 of 2016 filed by the present appellant against the respondent No. 2 and 3 for the offences punishable under Section 138 of the Negotiable Instruments Act (For brevity 'NI Act') for default for non-prosecution as the appellant remained absent for proceeding with the criminal case.