ORDER :

ORDER IN R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 23266 of 2023

1. This application is filed seeking leave to prefer an appeal against the against the judgment and order of acquittal passed below Exh.20 by the learned 5th Additional Chief Judicial Magistrate, Bharuch in Criminal Case No.15101 of 2017.

2. It is the case of the complainant that the complainant and accused were known to each other and accused had approached the complainant with a request to lend an amount of Rs.1,00,000/- in the month of January, 2021. The complainant had lent the amount from his own personal savings and at that time an assurance was given that the said amount would be repaid within a period of 6 months and on repeated demands the cheque bearing No.300014 dated 09-11-2021 of Rs.1,00,000/- was issued in the favour of the complainant.

2.1. On depositing the said cheque with the Bank, the same was dishonored with an endorsement of ‘funds insufficient’ and therefore, after following the due procedure under the Negotiable Instruments Act(hereinafter referred to as the NI Act), a private complaint came to be filed for the offence punishable under section 138 of the NI Act. On being summoned