ORDER :

1. Heard learned advocate Dr.Hiren S. Somaiya for the applicant and learned APP Ms. Jirga Jhaveri for the respondent – State.

2. By way of the present application, the applicant has prayed to grant leave to appeal against the judgment and order dated 27.07.2024 passed by the learned Additional Chief Judicial Magistrate, Gondal in Criminal Case No.1535 of 2022.

3. Learned advocate Dr.Hiren S. Somaiya for the applicant submits that the applicant and the respondent No.2 have business relations and an amount of Rs.13,30,000/- wad due from the respondent No.2. On demanding the same, the respondent No.2 gave cheque No.002677 dated 24.03.2022 for an amount of Rs.11,00,000/- of his account with ICICI Bank, Mavdi Circle Branch. On depositing the said cheque by the applicant in his account with the Bank of Baroda, Mandvi Chowk Branch, the same has returned unpaid with the endorsement “Payment Stopped by Drawer”. The applicant had given the demand statutory notice to the respondent No.2, which was duly served and the amount was not repaid by the respondent No.2, hence, the applicant filed a criminal case under Section 138 of the Negotiable Instrument Act before the Court of the Additiona