JUDGMENT :

1. Criminal Appeal No. 2563 of 2008 is filed by the Appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 whereas Criminal Revision Application No. 667 of 2008 is filed by the Applicant / Original complainant challenging the judgment and order dated 24.06.2008, passed in Sessions Case No. 8 of 2005 by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.1, Junagadh, recording the acquittal.

2. Learned APP has fairly submitted that despite sufficient opportunity being given to the Applicant in Criminal Revision Application, the Applicant has chosen not to appear, therefore, the matters may be heard on merits. On such premises, the court has proceeded for final hearing in both the matters.

3. The facts, in brief, are that a private complaint dated 25.11.2003 came to be filed by the complainant, resident of Dhebar, Taluka Visavadar before the court of learned Magistrate, Visavadar, wherein the learned Magistrate passed an order under Section 156(3) and directed the concerned police station to inquire into the matter and submit the report. It is alleged in the said complaint that the complainant is studying in FY B.Com and