ORDER :

(S. V. PINTO, J.)

1. The present application is filed by the applicant – original complainant under Section 419(3) of Bharatiya Nagarik Surakhsha Sanhita, 2023 seeking leave to file an appeal against the judgement and order dated 07.10.2024 passed by the learned 3^rd Chief Judicial Magistrate, Junagadh (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 2972/2019, whereby, the learned Trial Court was pleased to acquit the accused from the offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to “the NI Act” for short).

2. Learned advocate Mr. Amit Joshi for the applicant submits that the applicant – State Cooperative Agriculture And Rural Development Bank Ltd. had given a loan to the respondent no. 2 towards the outstanding amount. The respondent no. 2 has issued cheque no. 929734 dated 21.05.2019 for Rs. 76,575/- from his account with Saurashtra Gramin Bank, Ajotha Branch. The cheque was deposited by the applicant in his bank and the same returned unpaid with the endorsement “Funds Insufficient”. The demand statutory notice was sent by RPAD which was duly served but no reply was given and hence, the applicant filed the compl