JUDGMENT :

1. The present appeal is filed by the appellant – original complainant under Section 419(4) of the Bharatiya Nagrik Suraksha Sanhita , 2023 (for short “BNSS”) against the order dated 31.08.2024 passed by the learned Principal Senior Civil Judge, Civil Court, Mangrol, Surat (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 261 of 2021 whereby the learned Trial Court has dismissed the Criminal Case for want of prosecution as the appellant did not remain present under the provisions of Section 256 of Cr.P.C. and the respondent No. 1 - original accused came to be acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N I Act”).

1.1 The respondent No. 1 is hereinafter referred to as “the accused” as he stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts culled out from the memo of the present appeal as well as the record and proceedings are as under:

2.1. The appellant filed a complaint against the accused under Section 138 of the Act, as the accused had taken a loan of Rs.25,00,000/- from the appellant during February 2015 to March 2017 and the acc