(1.) This Is An Appeal Preferred Against The Order Dated 28.7.2015 passed by the Court of learned Judicial Magistrate First Class, Kalol below Exh:1 in Criminal Complaint No.5298 of 2014, whereby the learned Magistrate dismissed the compliant for want of prosecution.
(2.) Heard Mr.Kunal Modi, learned advocate for Mr.Rushabh R. Shah, learned advocate for the appellant, Mr.Jucky Lucky Chan, learned advocate respondent No.1 and Mr.L.R. Pujari, learned APP for the State.
(3.) Mr.Kunal Modi, Learned Advocate For The Appellant has argued that the learned advocate who was representing the criminal case before the Court of learned Magistrate, Kalol was under the impression that the matter is adjourned to 29th July, 2015 as the same was intimated to him by the learned advocate who was appearing before the learned Magistrate, Kalol on behalf of the accused. However, the matter was listed on 28th July, 2015 and the same was dismissed for non prosecution recording his absence.