ORDER :

(S.V. PINTO, J.)

1. The present application is filed by the applicant – original complainant under Section 378(4) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking leave to file an appeal against the order dated 15.12.2022 passed by the learned 4^th Additional Chief Judicial Magistrate, Rajpipla (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 496 of 2019, 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(3) of Cr.P.C. and the respondent No. 2 - original accused came to be acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act”).

1.1 The respondent No. 2 is hereinafter referred to as “the accused” as he 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 applicant is a finance company and the accused has taken a vehicle loan for Rs.2,20,000/- for the vehicle registration No. GJ-20-T-3705 on 16.07.201