JUDGMENT :

1. Mr. Amit R.Joshi, learned advocate for the appellant submits that the challenge is given to the order dated 21.01.2021 passed by 4th Additional Judicial Magistrate, First Class, Himatnagar, dismissing the Criminal Case No.5855 of 2015 for default under section 256 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’).

2. Mr. Joshi submits that the learned trial Court Judge has seriously erred in not considering the pandemic situation, which was beyond the control of the appellant, and further the office of the appellant as Gujarat State Cooperative Agriculture and Rural Development Bank Ltd. has remained closed because of prevailing circular at the relevant time issued by the Government; the dismissal on the face of it, is bad in law.

2.1 Mr. Joshi further submits that the Hon’ble Apex Court also while considering the pandemic situation had extended the limitation period for filing the complaints and the learned trial Court Judge oblivious of this concession, granted to the litigants, has observed that complainant had remained absent in spite of several opportunities granted and under one or the other reasons, the proceedings have been prolonged.

2.2 Mr. Joshi rely