ORDER

The applicant has challenged the impugned judgment and order dated 12.07.2019 passed by the learned Judge, Family Court, Court No.3, Ahmedabad in Criminal Misc. Application No. 3061 of 2018. Heard learned advocate for the applicant.

It was submitted by learned advocate for the applicant that an application preferred under Section 127 of Code of Criminal Procedure, 1973 (In short “ Cr.PC”) by the present applicant on 25th September 2018 was erroneously dismissed by the Family Court without giving any opportunity of hearing to the present applicant and it is further submitted that matter preferred by the present applicant was kept for hearing on 19th March, 2019, 2nd May 2019 and 3rd June 2019. But, on 12th July 2019, application was dismissed for default by the learned Judge. That previously, applicant was forced upon to pay the dues without giving him the opportunity of hearing and instead of hearing the proceedings under Section 128 of Cr.PC, the applicant was only asking on every date to pay the amount either to his lawyer. It is further submitted that infact lawyer requested in proceedings under Section 125 (3) of Cr.PC to club the mater filed under Section