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 judgment and order dated 28.06.2023 passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instrument Court No.35, Ahmedabad (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 125318 of 2021, whereby the respondent Nos.1 and 2 - 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. 1 and 2 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 impugned judgment and order and paper book filed by the applicant are as under:

2.1. The applicant bank filed a complaint against the accused under Section 138 of the Act, mainly contending that the accused as partnership firm had taken a loan and a loan agreement was executed and the accused had