JUDGMENT :

S.V. PINTO, J.

1. The present appeal is filed by the appellant – original complainant under Section 378(4) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the order dated 06.10.2023 passed by the learned Judicial Magistrate First Class (Traffic), Vadodara in Criminal Case No. 33166 of 2019, whereby the trial Court has dismissed the Criminal Case for want of prosecution as the original complainant did not remain present under the provisions of Section 256 of Cr.P.C. and the original accused – respondent No. 2 herein came to be acquitted from the charge levelled against him under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act”). The respondent No.2 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 is the proprietor of Samarth Industries and the accused had demanded an amount of Rs.2,00,000/- towards which the appellant had issued cheque No.000009 dated 21.08.2019 of his account with UCO Bank, Vadodara