ILIYAS KASAMBHAI FATIWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant - original complainant under S.378(4) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") against the order passed by the learned Chief Judicial Magistrate, Valsad (hereinafter referred to as the "learned trial Court") in Criminal Case No. 3432 of 2019 on 19/1/2024, whereby the learned trial Court has dismissed the Criminal Case for want of prosecution as the appellant - original complainant did not remain present under the provisions of Sec. 256 of 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 NI 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 the present Criminal Appeal under Sec. 378 Cr.P.C.