VIMALBHAI BHAGVANBHAI AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant original complainant under Sec. 378 of Code of Criminal Procedure, 1973 against the order dtd. 5/10/2023 passed by the learned 5th Additional Judicial Magistrate First Class, Surat (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 18418 of 2022, whereby the learned Trial Court has dismissed the Criminal Case for want of prosecution as the appellant did not remain present under the provisions of Sec. 256 of Code of Criminal Procedure, 1973 (for short "Cr.P.C.") and the respondent No. 2 - original accused came to be acquitted from the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N I Act").

(2.) The brief facts culled out from the memo of the present appeal as well as the record and proceedings are as under:

(3.) Being aggrieved and dissatisfied by the impugned order the appellant has preferred present Criminal Appeal under Sec. 378 of Code of Criminal Procedure, 1973.