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Judgment
R.P. Dholaria, J
The appellantâ€"original complainant has preferred the present appeal challenging judgment and order dated 09.03.2019 passed in Criminal Case
No. 5963 of 2016 by learned 11th Additional Chief Judicial Magistrate, Rajkot, dismissing the complaint for the alleged default committed by the
complainant of not serving non-bailable warrant upon respondent No.2.
By way of preferring the present appeal, the appellant has inter alia contended that as the warrant could not be served upon respondent No.2 herein
though he was duly represented by his advocate, the leaned trial court dismissed the complaint invoking the provisions of Section 256(1) of the Code of
Criminal Procedure.
Though served, respondent No.2-accused chose not to contest the present appeal. Consequently therefore, this Court has heard learned advocate
for the appellant and learned Additional Public Prosecutor for respondent No.1-State.
Having considered the matter in its entirety, since the acquittal is not on merits and the complainant was so much vigilant, for meeting the ends of
justice, the judgment and order dated 09.03.2019 passed in Criminal Case No. 5963 of 2016 by learned 11th Additional Chief Judicial Magistrate,
Rajkot is hereby quashed and set aside, remanding the matter to learned trial court to initiate the proceedings from the stage where the matter was
lying.
In view of above, the appeal stands disposed of.
6 The appellant shall deposit Rs.5000/- towards litigation costs before the Gujarat High Court Advocates’ Law Library within a period of one
month and shall also produce the certified copy in the present matter, failing which, the learned trial court shall be at liberty to initiate recovery as fine
from him.
The learned trial court shall conduct the trial in accordance with law and the complainant shall also cooperate in the trial.
The record & proceedings, if any, be sent back to the concerned trial court forthwith.