JUDGMENT :

1. The present application is preferred by the applicant-original complainant under sub-section (4) of Section 378 of Criminal Procedure Code, 1973, seeking permission of this Court to challenge the order of acquittal dated 14.10.2022 passed by the learned Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Vapi in Criminal Case No.2391 of 2018. By the said judgment and order, the learned Magistrate has recorded the order of acquittal of respondent No.1-accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for the sake of brevity, it is referred as “the Act”).

2. The brief facts as alleged by the original complainant in the complaint, are re-produced as under:

2.1 The complainant claims to be the sole proprietor of Suraj Road Carrier, who is engaged in the business of road carrier. It is the case of the complainant that he came in contact with respondent No.1-original accused through Om Prakash Shukla and Anurag Shukla. It appears that both the parties were in the business of road carrier. The complainant had shown his interest of purchase of the land. It is contended by the complainant that he along with the accused