(1.) Though Rule is served in the application for seeking leave to prefer an appeal, as per the report filed by the Registry, it was served on 10/1/2024, no one has appeared either in person or through an advocate. Hence, this appeal was heard in absence of the respondentaccused.
(2.) Present appeal is filed by the appellant original complainant challenging the judgment and order dtd. 13/10/2023 passed by the learned 10th Additional Civil Judge and Judicial Magistrate First Class, Surat in Criminal Case No.52555 of 2022, whereby the accused were acquitted from the charges punishable under Sec. 138 of the Negotiable Instruments Act, 1886.
(3.) Facts of the present case are mentioned hereinbelow: