Bela M. Trivedi,J. - (1.)The criminal appeal has been filed by the appellant (original complainant) challenging the impugned order dated 18.08.2018 passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instruments Act, Court No.28, Ahmedabad (hereinafter referred to as "the Court below") at Exhibit 1 in Criminal Misc. Application No.500/2014, whereby the Court below has dismissed the complaint of the appellant original complainant under Section 256 of the Criminal Procedure Code (hereinafter referred to as "the Cr.P.C.") and acquitted the respondent (original accused) from the charges levelled against him under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the N.I. Act").
(2.)At the outset, learned advocate for the appellant submits that though he had challenged the impugned order dated 06.02.2020 passed by the Court below in Criminal Misc. Application No.500/2014, he does not press for the said challenge. The learned advocate Mr.Dave has conceded that the Trial Court did not have any power to review it's own order. Accordingly, the prayer with regard to the quashing of the order dated 06.02.2020 passed by the Court below in Criminal Misc. Application No.500/2014 is dismissed as not pressed for.
(3.)As regards the impugned order dated 18.08.2018 passed by the Court below at Exhibit 1 in Criminal Misc. Application No.500/2014, it appears that the same has been passed invoking Section 256 of the Cr.P.C. which reads as under:-
"256. Non-appearance or death of complainant. - (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by officer conducting the prosecution or where the Magistrate is of opinion that the person attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the nonappearance of the complainant is due to his death"