ORDER

1. Rule has been served. Prayer is made to condone the delay of 340 days in filing the leave to appeal against the order of acquittal dated 31.8.2019 passed by the learned Additional Chief Judicial Magistrate, Ahmedabad (Rural) below Exh.1 in Criminal Case no.7061/2015. 2. Mr. Champavat, learned advocate for the applicant submits that the order was passed dismissing the matter for default under Section 256 of the Code of Criminal Procedure, 1973 and thereby, the accused came to be acquitted and thus, submits that as per the provisions of law, the accused would get acquitted and therefore, against that order of acquittal, the appeal has to be preferred. Mr. Champavat states that the complainant is aged about 66 years and a Gynecologist Doctor by profession who had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 after issuance of legal notice and that since the money was not paid, the present applicant filed a complaint being Criminal Case no.7061 of 2015. The summons was issued which was made returnable on 20.11.2015, the accused failed to remain present, hence, arrest warrant was issued against the accused.

3. Mr. Champavat submits that the applica