ORDER (ORAL)

Sonia Gokani, J.—Being aggrieved by the judgment and order passed by the learned 12th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.10028 of 2015 delivered on 30.06.2017 and thereby acquitting the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘the N.I. Act’ herein after), that the present appeal is preferred by the appellant-original complainant.

2. An application for condonation of delay was preferred for condoning delay of 53 days in preferring an application for Special Leave to Appeal. Before allowing the same, notice was issued to the respondents and the same was duly served to the respondents through the concerned police station however, he has chosen not to appear.

3. This Court after granting Special Leave to Appeal under Section 378 (4) of the Code of Criminal Procedure on January 09, 2018 had issued the notice for final disposal, pending admission of appeal, making it returnable on January 19, 2018, appellant chose to serve directly, which was permitted, however, what could be noticed that the affidavit of direct service is filed by the representation of the appellant Mr. Ravidutt Atmaram