JUDGMENT (CAV)

This appeal under Section 378 of Cr.P.C. arises out of the judgment and order dated 08.07.2022 passed by learned Additional Chief Metropolitan Magistrate, N.I. Act Court No.31, Ahmedabad below Exh.1 in Criminal Case No.3214 of 2015. By the said judgment and order, the learned Magistrate has proceeded to exercise the powers conferred under Section 256 of the Code of Criminal Procedure by recording the absence of complainant, thus, acquitting the respondent No.2-original accused for the offence punishable under Section 138 of the N.I. Act.

2. Heard Ms. Zeel Raval, learned advocate on record for the appellant, Mr. Apurva Kapadia, learned advocate on record for the respondent No.2 and Ms. C.M. Shah, learned APP appearing for the respondent-State.

3. Brief facts leading the present case in nutshell are as under:

3.1 That appellant is the complainant who has instituted a complaint under the provisions of Section 138 of the N.I. Act against the respondent No.2 herein. The case of the appellant is to the effect that the appellant and the respondent No.2 entered into an agreement on 07.10.2013 for the purpose of operation and maintenance of bus-depot and LED’s -LCD’s loca