GANESHBHAI NATHABHAI PATEL Vs. STATE 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. 17/12/2017 passed by the learned Judicial Magistrate, First Class, Unjha (hereinafter referred as "the learned Trial Court") dismissing the Criminal Case No. 759 of 2017 (Old Criminal Case No. 974 of 2013) filed by the original complainant under Sec. 138 of the Negotiable Instruments Act (for brevity "NI Act") against the Respondent No.2 for default for non-prosecution under Sec. 256 of the Code of the Criminal Procedure (for brevity "the Code").

(2.) Heard learned Advocate Mr. Rohan Amin, for learned Advocate Mr. Jigar Gadhavi, for the for the appellant, learned APP Ms. Jirga Jhaveri for the Respondent No.1 - State. Learned Advocate Mr.Pravin Gondaliya, for the Respondent No. 2. Facts of the case :-

(3.) Brief facts of prosecution case are that the the appellant- original complainant had filed Criminal Case No. 974 of 2013 (new Criminal Case No. 759 of 2017) before the learned Trial Court under Sec. 138 of the NI Act against the Respondent No. 2 - original accused. In the said case, plea was recored and on 18/11/2013 summons was issued and further proceedings were initiated. As the learned advocate or the complainant was not present on 17/12/2017, the learned Trial Court has dismissed the Criminal Case under Sec. 256 of the Code and acquitted the original accused. Hence, the present appeal. Arguments of the Appellant: