DINESHBHAI DHANJIBHAI SORATHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant - original complainant under Sec. 378(4) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") against the judgment and order dtd. 12/11/2021 passed by the learned 10 th Additional Chief Judicial Magistrate, Surat in Criminal Case No. 3616 of 2017, whereby the trial Court has dismissed the Criminal Case for want of prosecution as the original complainant did not remain present under the provisions of Sec. 256(3) of Cr.P.C. and the original accused - respondent No.2 herein came to be acquitted from the charge levelled against him under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act"). The respondent No 2 is hereinafter referred to as "the accused" as he stood in the original case for the sake of convenience, clarity and brevity.

(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 the appellant has preferred present Criminal Appeal under Sec. 378(4) of Criminal Procedure Code.