JUDGMENT :

1. The appellant-(original complainant) has filed this criminal appeal under the provisions of Section 378 of the Criminal Procedure Code,1973 (the Code) against the order dated 23.1.2020 passed by the learned Additional Chief Metropolitan Magistrate, Court No.30, Ahmedabad in Criminal Case No. 37901 of 2018 whereby, the same was dismissed for default, for want of non prosecution on behalf of the complainant and the accused is acquitted.

2. Heard learned advocate Mr. Bhavik Samani for the appellant, learned APP Mr. Ronak Raval for the respondent No.1- State. Rule is not received back qua the respondent No.2.

3. Brief facts of the case on hand are that a private complaint has been filed by the current appellant, who is registered under the Banking Companies Act along with necessary evidence, under Section 138, 141 and 142 of the Negotiable Instruments Act against the respondent No.2. That, on 17.04.2018 as the cheque given by the respondent to the appellant for an amount of Rs.12,93,596/- by which the appellant has given loan. That, after verification the case came to be registered as Criminal Case No.37901 of 2018. That, after due verification the learned Trial Court issued