KANAKADURGA FINANCE LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant - original complainant under Sec. 419 of the Bhartiya Nagarik Surakasha Sanhita, 2023 (for short "BNSS") against the order dtd. 8/11/2024 passed by the learned 12th Additional Chief Judicial Magistrate, Vadodara (hereinafter referred to as the "learned Trial Court") in Criminal Case No. 11632 of 2020, 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 judgment and order passed by the learned Trial Court dismissing the criminal case of the present appellant - complainant for want of prosecution, the appellant has preferred present criminal appeal.