JUDGMENT :

S. V. PINTO, J.

1. The present appeal is filed by the appellant – original complainant under Section 419 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) against the order passed by the learned Additional Chief Judicial Magistrate, Gondal (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 1801 of 2019 dated 16.10.2024, whereby, the learned Trial Court has dismissed the criminal case for want of prosecution as the complainant did not remain present under the provisions of Section 256 of Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) and the accused - 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 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.

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 complainant and the accused were known to each other and the accused was in need of financial assistance to pa