ANKUR ARUNKUMAR PAWALE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal under Sec. 378 of the Code of Criminal Procedure 1973 is preferred against the judgment and order dtd. 30/12/2013 passed by the learned Judicial Magistrate, First Class, Vadodara in Criminal Case No. 5074 of 2009.

(2.) Heard Mr. Hardik Jani learned advocate for the appellant. Though served, none appeared for respondent nos. 2 & 3.

(3.) Mr.Jani learned advocate submits that the learned trial Court Judge has dismissed the criminal complaint for default filed under Sec. 138 of the N.I. Act and acquitted the accused, observing that neither the appellant nor his Advocate had remained present on that day nor on the earlier dates and in the interest of justice, matter was adjourned and on the day of dismissal, no application was moved for adjournment; thus, on the ground of default of the complainant, matter stood dismissed.