JUDGMENT :

1. The present appeal under Section 378 of the Code of Criminal Procedure 1973 is preferred against the judgment and order dated 30.12.2013 passed by the learned Judicial Magistrate, First Class, Vadodara in Criminal Case No. 5074 of 2009.

2. Heard Mr. Hardik Jani learned advocate for the appellant. Though served, none appeared for respondent nos. 2 & 3.

3. Mr. Jani learned advocate submits that the learned trial Court Judge has dismissed the criminal complaint for default filed under Section 138 of the N.I. Act and acquitted the accused, observing that neither the appellant nor his Advocate had remained present on that day nor on the earlier dates and in the interest of justice, matter was adjourned and on the day of dismissal, no application was moved for adjournment; thus, on the ground of default of the complainant, matter stood dismissed.

3.1 Mr. Jani submits that as per the Rojnama, the Affidavit of Examination-in-chief was produced on record and documentary list was also produced on 10.03.2011 with a prayer to Exhibit the documents vide Exhibits-12, 13 & 14 respectively. After hearing the parties, the relevant documents were exhibited and the matter was kept for cross