ORDER :

S.V. Pinto, J.

1. The present appeal is filed by the appellant – original complainant under Section 419 of the Bhartiya Nagarik Surakasha Sanhita, 2023 (for short “ BNSS ”) against the order dated 29.08.2023 passed by the learned Judicial Magistrate, First Class, Kalyanpur, District Devbhoomi Dwarka (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 204 of 2008, whereby the learned Trial Court has dismissed the Criminal Case for want of prosecution as the appellant did not remain present 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. 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 - original complainant and the respondent No. 2 – accused were friends and the appellant had Poclain Machine, which was given to the respondent No.2 for earthwork in village Mothada, Taluka Abdasa, District Bhuj on monthly rent of Rs.2,50,000/-. Towards the outstanding amount of Rs.1,60,000/-, the respondent No.2 issued cheque No.015509 dated 03.01.2018