JUDGMENT :

S.V. PINTO, J.

1. Though the bailable warrant is served to the respondent no.2, he has not appeared before this Court either in person nor has engaged a lawyer to make submissions on his behalf.

2. The present appeal is filed by the appellant – original complainant under Section 378 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the order passed by the learned “2nd Additional Chief Judicial Magistrate, Bharuch in Criminal Case No.12672 of 2022 on 12.04.2023.”, 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 the Cr.P.C and the respondent no. 2 - 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”).

2.1. The appellant and the respondent No. 2 are hereinafter referred to as “the complainant” and “the accused” as they stood in the original case for the sake of convenience, clarity and brevity.

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

3.1. The complainant is a mon