MEHULKUMAR MOTIBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Ms. Deepmala Desai states that she has received instruction to appear for the respondent No.2, and therefore, she may be permitted to file her appearance. Accordingly, learned advocate Ms. Deepmala Desai is permitted to file her appearance.

(2.) The present appeal is filed by the appellant - original complainant under Sec. 419 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short "BNSS") against the order dtd. 6/12/2024 passed by the learned Judicial Magistrate First Class, Wadhwan (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 145 of 2024, 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").

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