AVADH ENGINEERING PVT.LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by challenging the order dtd. 8/4/2017 passed by the learned 9th Addl. Sernior Civil Judge & Addl. Chief Judicial Magistrate, Vadodara below Exh.1 in Criminal Case No.40385 of 2008, converted from old Criminal Case No.51 of 2008, whereby the complaint is dismissed for want of prosecution.

(2.) Brief facts of the case are as such that the applicant - original complainant has filed complaint under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 before the Trial Court, which was pending for the adjudication. During the pendency of that proceedings, the respondent - accused has approached this Court by way of Criminal Misc. Application No.3891 of 2012 whereby this Court has by order dtd. 18/6/2012 stayed further proceeding. Thereafter, it seems that on 28/7/2017, this Court has decided the Criminal Misc. Application No.3891 of 2012 finally by detailed judgment by dismissing the application filed by the respondent No.2. This event happened subsequently after dismissal of the complaint, which is passed by way of impugned order dtd. 8/4/2017 passed in below Exh.1 application in Criminal Misc. Application No.40385 of 2008. The Trial Court has only recorded that neither advocate nor complainant is present and therefore, the complaint is dismissed, and therefore, the present petition is filed.

(3.) Heard learned advocates appearing for the respective parties.