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Judgment
Mr. Kishan Prajapati, learned advocate states that he has instructions to appear on behalf of the respondent No.2 Registry is directed to accept the Vakalatnama of Mr. Kishan Prajapati, learned advocate appearing for the respondent No.2 -original accused.
The appellant-original complainant has preferred the present appeal challenging the judgment and order dated 20.1.2016 passed in Criminal Case No. 5998 of 2014 by learned 3rd Additional Chief Judicial Magistrate, Himmatnagar dismissing the complaint for alleged default committed by the complainant of not remaining present.
By way of preferring the present appeal, the appellant has inter alia contended that though learned Magistrate had already started recording the evidence of the complainant on the day fixed, however, on that day, the complainant could not remain present as it was not feasible for him to remain present on his part and his learned advocate was requested to seek adjournment. However his learned advocate failed to do so and consequently therefore, the entire complaint came to be dismissed.
Heard learned advocate Mr. Mihir Vakhariya for the appellant; learned Additional Public Prosecutor Ms. Hansa Punani for respondent No.1-State and learned advocate Mr. Kishan Prajapati for the respondent No.2 -original accused.
Having considered the matter in its entirety, since the acquittal is not on merits, in that view of the matter, for meeting the ends of justice, the impugned judgment and order dated 20.1.2016 passed in Criminal Case No. 5998 of 2014 by learned 3rd Additional Chief Judicial Magistrate, Himmatnagar is hereby quashed and set aside and the matter is remanded to the learned trial court to initiate the proceedings from the stage where the matter was lying, on condition that 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 a copy of receipt 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.
In view of the above, the appeal stands disposed of.