(1.) Though rule has been duly served upon the respondent No.2- accused, he has chosen not to appear before this Court or contest the present application.
(2.) Heard Ms. Priyal M. Parikh, learned advocate on record for the applicant-original complainant and Ms. C.M. Shah, learned APP appearing for the respondent-State.
(3.) This is an application preferred seeking leave to appeal under Sec. 378(4) of Cr.P.C., 1973, challenging the judgment and order of acquittal dtd. 11/12/2020 passed by learned Principal Senior civil Judge & Additional Chief Judicial Magistrate at Padra, Vadodara in Criminal Case No.2476 of 2018. By the said judgment and order, the learned Magistrate has recorded order of acquittal of respondent No.2 for the offence under Sec. 138 of the N.I. Act.