VIDYABEN SURYAKANT AMIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under Section 378 of the Code of Criminal Procedure challenging judgment and order dated 22.03.2017 passed in Criminal Case No. 45999 of 2008 by learned 15th (Ad-hoc) Additional Civil Judge, Vadodara acquitting the respondent accused.

(2.) The original complainant - Vidyaben Suryakant Amin filed the complaint under Section 138 of the Negotiable Instruments Act as the cheque issued by the respondent accused came to be bounced. After filing of complaint, on 24.01.2016, the complainant died and thereafter, the order was passed on 22.03.2017 by the learned trial court recording a finding that neither the complainant nor his advocate remained present to proceed with the matter, further dismissing the complaint on that count for non-prosecution and acquitting the respondent accused. Thereafter, the son of the complainant - Jayantkumar Suryakant Amin presented this appeal before this Court which came to be admitted placing reliance upon the decision in Anil G. Shah vs. J. Chitranjan and Co. reported in 1998 (2) GLH 646. Paragraph 15 of the said decision reads as under:-

(3.) Heard learned advocates for the respective parties.