ORDER :

(S.V. PINTO, J.)

1. The present application is filed by the applicant – original complainant under Section 378(4) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking leave to file an appeal against the order dated 29.07.2024 passed by the learned 33^rd Additional Chief Judicial Magistrate, Ahemedabad (N.I. Court) (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 39056 of 2017, whereby the learned Trial Court has dismissed the Criminal Case for want of prosecution as the applicant did not remain present under the provisions of Section 256 of Cr.P.C. and the respondent Nos. 2 and 3 - original accused came to be acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N I Act”).

1.1 The respondent Nos. 2 and 3 are hereinafter referred to as “the accused” as they stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts culled out from the memo of the present application as well as the record and proceedings are as under:

2.1 The applicant is the authorized person of a private company dealing in the business of investment in real estate, real