JUDGMENT :

1. The applicant-original complainant has filed the present application seeking leave to appeal under Section 378(4) of the Cr.P.C. in respect of the judgment and order of acquittal dated 11.12.2020 passed by the learned 2nd Additional Judicial Magistrate First Class, Himmatnagar (hereinafter referred to as “the trial Court”) in Criminal Case No. 33 of 2015 whereby the trial Court has acquitted the respondent No. 2 original accused from the charges levelled against him under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the said Act”).

2. The case of the applicant-complainant before the trial Court was that the applicant happened to know the respondent accused as he was a good friend of his brother and the accused was doing the business of facilitating the persons in getting job abroad (Saudi Arabia). Around two years back, the accused had charged Rs.1,80,000/giving assurance to a friend of the complainant that he would get a job for him in Saudi Arabia, however the accused did not arrange the job as per the promise made by him. When the complainant demanded the said money back from the accused, he gave a cheque of Rs. 1,80,000/to the com