HARSHADBHAI DEVKARANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the appellant under the provisions of Sec. 378 of the Criminal Procedure Code, 1973 (CrPC) against the order dtd. 12/3/2022 passed by the learned Principal Civil Judge and Judicial Magistrate First Class, Talod in Criminal Case No. 842 of 2021, whereby, the same was dismissed for default, for want of non prosecution.

(2.) Facts in brief are that the appellant - original complainant filed the aforesaid criminal case under the provisions of the Negotiable Instruments Act, 1881 (NI Act) against the respondent No. 2 herein - original accused before the learned Court below, which came to be dismissed invoking the provisions of Sec. 256 of the Code as the complainant could not remain present before the trial Court on the date so fixed.

(3.) Heard learned advocate Mr. Vaibhav Sheth for the appellant and learned Additional Public Prosecutor for the respondent No. 1 - State. So far as the respondent No. 2 - original accused is concerned, though served, nobody appears. Hence, the Court proceeded with the final hearing of the matter.