ORDER :

1. The present application is filed by the applicant – original complainant under Section 419(4) of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) seeking leave to file an appeal against the order dated 04.07.2024 passed by the learned Judicial Magistrate First Class, Halol (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 1071 of 2021, whereby the learned Trial Court has dismissed the Criminal Case for want of prosecution as the applicant did not remain present under the provisions of Section 256 of Cr.P.C. and the respondent Nos. 1 to 3 - 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 to 3 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 record and proceedings are as under:

2.1 The respondent No. 1 is company and the respondent Nos. 2 and 3 are authorized officers of the company and they had purchased machinery for a total amount of Rs.6