(1.) Heard Mr. Krunal D. Pandya, learned advocate for the applicant.
(2.) Rule returnable forthwith. Learned APP Mr. Pandya waives service of notice of admission on behalf of the respondent No.1 State.
(3.) This is an application seeking leave to appeal filed under Sec. 378(4) of the Code of Criminal Procedure, challenging the judgment and order dtd. 11/2/2023 passed by the learned Judicial Magistrate First Class, Nadiad, in Criminal Case No.775 of 2019. By the said order, the learned Magistrate has proceeded to exercise the powers under Sec. 256 of the Code of Criminal Procedure, dismissing the complaint for default in absence of the learned advocate on record for the complainant and the complainant.