ORDER :

1. Heard learned advocate Mr. Suraj B. Matieda 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. Suraj B. Matieda for the applicant submits that the applicant is manufacturer of tea and doing the business in the name and style of “Trusha Tea Marketing Pvt. Ltd.” and the respondent No.2 was the distributor of tea and had purchased tea goods to the tune of Rs.7,16,719/- from 01.04.2021 to 31.03.2022, and thereafter, to the tune of Rs.1,09,555/- from 01.04.2022 to 23.06.2022. When the account was settled, an amount of Rs.1,05,257/- was outstanding, towards which, the respondent No.2 issued cheque No.000267 dated from his account with ICICI Bank, Madhav Complex, Godhara Branch and on depositing the said cheque by the applicant in his account with The Kalupur Commercial Cooperative Bank Ltd., Sanand Branch, the same has returned unpaid with the endorsement “Account Closed”. The applicant had gi