JAYDEEO VRUJLAL DEEPANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present leave to appeal is filed by the applicant - original complainant under Sec. 419 (4) of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short "BNSS") against the judgment and order dtd. 7/1/2025 passed by the learned Additional Chief Judicial Magistrate, Rajkot (herein after referred to as the "learned Trial Court") in Criminal Case No. 9863 of 2023, whereby the learned Trial Court was pleased to dismiss the case for want of prosecution as the original complainant did not remain present under the provisions of Sec. 256(3) of the 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 application as well as the record and proceedings are as under:

(3.) Being aggrieved and dissatisfied by the impugned order of dismissal of the complaint and acquittal of the accused, the applicant has preferred the present application seeking leave to appeal under Sec. 419(4) of the Bharatiya Nagrik Suraksha Sanhita.