ORDER :

(S.V. PINTO, J.) 

Heard learned advocate Mr. Johnsey P Mackwan for the applicant and Ms. Dhwani Tripathi learned Additional Public Prosecutor for the respondent-State.

1. The present application is filed by the applicant – original complainant under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”) seeking leave to file an appeal against the order dated 31.08.2024 passed by the learned 4^th Additional Chief Judicial Magistrate, Anand (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 5624 of 2022 whereby the respondent - original accused came to be acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act”).

2. The applicant submits that the respondent No. 2 had taken an amount of Rs.8,00,000/- from the applicant towards which the respondent No. 2 had issued cheque No. “208059” dated 24-08-2022, from his account with Axis Bank, Vallabh Vidhyanagar Branch. The cheque was deposited by the applicant in his account with Bank of Baroda, Vasad Branch but the cheque returned unpaid with the endorsement “Drawer's Signature Differs”. The applicant gave the demand