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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J
JASHVANTSINH LAXMANSINH ZALA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. dismissal for non-prosecution while complainant's counsel was present. (Para 1 , 2 , 3) |
| 2. arguments regarding the dismissal's legality. (Para 5 , 6 , 7) |
| 3. court's review of the trial court's error in procedure. (Para 8 , 9 , 10) |
| 4. decision to remand for trial based on merits. (Para 11) |
| 5. final ruling to restore the original complaint for trial. (Para 12) |
ORAL JUDGMENT
1. Though served, the respondent no. 2 has not appeared either in person or through an advocate.
2. The present appeal is filed by the appellant – original complainant under Section 419 of Bharatiya Nagarik Surakhsha Sanhita, 2023 against the order dated 17.10.2024 passed by the learned Additional Chief Judicial Magistrate, Gir Somnath at Kodinar (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 511 of 2018, whereby the learned Trial Court has dismissed the Criminal Case for want of prosecution as the appellant did not remain present under the provisions of Section 256 of Code of Criminal Procedure, 1973 (for short “ Cr.P.C .”) and the respondent No. 2 - original accused came to be acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinaf
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