MANOJBHAI JASMATBHAI RAMOLIYA Vs. SATE OF GUJARAT

JUDGEMENT

(1.) The appellant - Original Complainant has filed this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred as "the Code"), being aggrieved and dissatisfied with the order dtd. 9/3/2019 passed by the learned the Additional Chief Judicial Magistrate, Gondal (hereinafter referred as "the learned Trial Court") in Criminal Case No. 1713 of 2017.

(2.) Heard learned Advocate Mr.Pratik Barot, for the for the appellant, learned Advocate for respondent No.2 - original accused and learned APP Ms. Monali H. Bhatt for respondent No.1 - State.

(3.) The Learned Additional Chief Judicial Magistrate, Gondal has passed an order dtd. 9/3/2019, dismissing the private complaint being Criminal Case No. 1713 of 2017 filed by the present appellant against the respondent No. 2 for the offences punishable under Sec. 138 of the Negotiable Instruments Act (For brevity "NI Act") for default for non-prosecution as the appellant - original complainant remained absent for proceeding with the criminal case.