DIPESHBHAI VALJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court upon hearing the learned advocate on record for the applicant- original complainant, had granted leave to appeal vide order dtd. 28/3/2023 and notice for final disposal was issued in the appeal, which was made returnable on 13/4/2023 and the respondent-original accused was permitted to be served through the concerned police station.

(2.) The notice has been duly served upon respondent No.2-original accused, however, respondent No.2 has chosen not to appear before this Court or to contest the present appeal by filing his appearance.

(3.) This appeal arises out of the judgment and order dtd. 11/2/2023 passed by learned Chief Judicial Magistrate, Nadiad below Exh.1 Criminal Case No.775 of 2019. By the said judgment and order, the learned Magistrate has proceeded to dismiss the complaint for non-prosecution by exercising the powers conferred under Sec. 256 of Cr.P.C.