ORDER :

1.0. Heard Mr.Rakshit Patel, learned advocate who has appeared on behalf of Mr.Champavat, learned advocate for the applicant, Mr. Urvesh Prajapati, learned advocate for the respondent no.1 and Ms. Vrunda Shah, learned Additional Public Prosecutor for the respondent State.

2.0. This is an application seeking leave to appeal under Section 378(4) of the Code of Criminal Procedure challenging the impugned judgment and order of acquittal dated 10.02.2022 passed by the learned Chief Judicial Magistrate, Visnagar in Criminal Case No.569 of 2014, whereby, learned trial Court has acquitted the respondent no.1 – original accused from the offence punishable under Section 138 of the Negotiable Instruments Act.

3.0. Before going into the merits of the case, it would be appropriate to consider the case of the complainant. The gist of the complaint as contended by the original complainant is as under:

3.1. The applicant and the respondent no.1 – original accused were friends and respondent no.1 was in need of an amount of Rs.10 lakhs to start a business. It is contended by the complainant that respondent no.1 had approached the original complainant in the month of December of 2013 seeking fin