ORDER :

1. The present application is filed by the applicant seeking leave to appeal against the judgment and order dated 10.01.2025 passed by the learned Chief Judicial Magistrate, Anand (hereinafter referred to as the “learned Trial Court”) in Criminal Case No.5017 of 2023, whereby the learned Trial Court acquitted the respondent No.2 from the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’).

2. Heard learned advocate Mr. Kewal J Shah for the applicant and learned APP Ms. Jirga Jhaveri for the respondent No.1 – State.

3. Learned advocate Mr. Kewal J Shah for the applicant submits that the applicant had filed the complaint under Section 138 of the NI Act before the learned Chief Judicial Magistrate, Anand on 04/07/2023 and the respondent No. 2 had appeared and the plea of the respondent No. 2 was recorded at Exh. 7. The applicant had filed the affidavit of examination in chief at Exh. 4 and had also produced the documents on record and the matter was pending for the cross-examination of the applicant. That the respondent No. 2 was not cross examined by the applicant. Even through, the applicant was present on many occasions and on