ORDER :

S.V. Pinto, J.

When the matter is called out, learned advocate Mr. Nikhil Vyas appearing for the respondent No. 1 is not present.

1. 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 dated 17.08.2023 passed by the learned 9th Additional Judicial Magistrate First Class, Vadodara (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 36631 of 2021, whereby the learned Trial Court has dismissed the Criminal Case for want of prosecution under the provisions of Section 256 of Code of Criminal Procedure, 1973 (for short “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” in the rank and file 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 had filed a complaint against the ac