ORDER :

1. Heard learned advocate Mr.Rasesh H. Parikh 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 05.02.2025 passed by the learned 2^nd Additional Chief Judicial Magistrate, Patan in Criminal Case No.616 of 2020.

3. Learned advocate Mr.Rasesh H. Parikh for the applicant submits that the applicant is in the business of getting succession certificate of the shares and in connection with the above, the respondent No.2 had business transaction with the applicant, and thereafter, the relation developed between both the parties. The respondent No.2 wanted to send her daughter abroad and as the respondent No.2 demanded Rs.10,00,000/- from the applicant, the applicant gave Rs.5,00,000/- from the account of “Khushbu Consultancy” and another Rs.5,00,000/- from his own account on 12.09.2019. That an amount of Rs.5,00,000/- given from “Khushbu Consultancy” was returned by RTGS on 05.06.2020 and the amount given from the account of the applicant was not returned and on demanding the same, the respondent No.2 issued cheque No. 455855 dated 15