ORDER :

(S. V. PINTO, J.)

1. The present application is filed by the applicant – original complainant under Section 419(3) of Bharatiya Nagarik Surakhsha Sanhita , 2023 seeking leave to file an appeal against the order passed below Exh. 1 dated 12.12.2024 passed by the learned 2^nd Additional Chief Judicial Magistrate, Navsari (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 13564/2020, whereby, the learned Trial Court was pleased to dismiss the case for default for non-prosecution.

2. Heard learned advocate Mr. Shriraj Shah for the applicant and learned APP Ms. Dhwani Tripathi for the respondent state.

3. Learned advocate Mr. Shriraj Shah for the applicant submits that the applicant had filed the criminal case under Section 138 of the Negotiable Instrument Act , 1881 (hereinafter referred to “the Act” for short) before the Chief Judicial Magistrate, Navsari and the summon was issued to the respondent no. 2 which was received by his father and along with the summon, the statement of his father was recorded, wherein, he has stated that the respondent no. 2 is residing in Himachal Pradesh. The learned Trial Court issued warrants to the respondent no. 2 which cou