BABUBHAI AMBALAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant is the original complainant, who is aggrieved by the judgment and order dtd. 30/10/2009 passed by learned Principal Judicial Magistrate First Class, Kapadvanj in Criminal Case No.2452 of 2006, whereby the order of acquittal of respondent No.2, has been recorded for the offence punishable under Sec. 138 of the N.I. Act.

(2.) This Court vide order dtd. 8/2/2010, had admitted the present appeal and had directed issuance of bailable warrant against the respondent No.2. The record indicates that bailable warrant has been duly executed upon the respondent No.2, however, respondent No.2 has chosen not to appear before this Court or to contest the criminal appeal. No appearance has been put forward on behalf of respondent No.2 despite being served with the bailable warrant. Considering the fact that present appeal relates to year-2009, this Court has proceeded for final hearing of the appeal in absence of respondent No.2.

(3.) The gist of the complaint of the present appellant is that the complainant and the accused were residing at the respective addresses shown in the cause title and were engaged in the agricultural activity. Since both the parties belong to the same community, they were known to each other and used to meet frequently because of which friendly relations existed between the parties.