- (1.)PRESENT appellant ' original complainant has filed this appeal against the judgment and order dated 16.08.2010 passed by the learned Metropolitan Magistrate, Negotiable Act, Court No.6, Ahmedabad in Criminal Case No.845 of 2010.
(2.)THE appellant herein ' original complainant states that respondent no.1 herein ' original accused is relative and living in same society. Accused had borrowed Rs.50,000/- from the complainant for business purpose and assured to return the money. When complainant asked the money, accused had given cheque for an amount of Rs.50,000/- of Union Bank of India and also gave assurance that cheuqe will be honoured. THE complainant had deposited the said cheque no.11.12.2009 and same was returned on 13.12.2009. THEreafter, the complainant had given notice under section 138 of the Negotiable Instrument Act and it was served upon the accused and the accused did not replied.
Therefore, the appellant herein filed complaint on 29.03.2010 against respondent accused under section 138 of the Negotiable Instrument Act before the Trial Court and it was registered as Criminal Case No.845 of 2010. After verifying the complaint and recording the statement of complainant, Court has issued summons on payment of process fees. Till 16.08.2010 complainant had not paid process fees. On 16.08.2010 when the matter was called out, complainant was not present and even no process fees was paid, therefore, the Court dismissed the complaint. Hence, this appeal.

It is submitted by Mr.Chauhan, learned advocate for the appellant herein that appellant engaged advocate before the Trial Court but he did not take proper steps for paying process fees and the advocate did not informed the appellant herein and therefore, appellant could not remain present. It is also submitted that for the mistake on the part of the advocate, appellant herein should not be suffered and therefore, he requested to allow this appeal.

(3.)THOUGH notice is served upon respondent no.1 ' original accused nobody appears.
This Court has gone through the avements made in the appeal and also order passed by the Trial Court. Prima facie it seems that there is negligence on the part of the complainant as process fees was not paid till 16.08.2010 though order was passed on 29.03.2010. Advocate also did not inform the appellant to remain before the Court.