ORDER :

(S. V. PINTO, J.)

1. The present application is filed by the applicant – original complainant under Section 419(4) of Bharatiya Nagarik Surakhsha Sanhita, 2023 seeking leave to file an appeal against the judgement and order dated 05.10.2024 passed by the learned Additional Judicial Magistrate First Class, Surendranagar (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 1961/2018, whereby, the learned Trial Court was pleased to acquit the accused from the offence under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to “the NI Act” for short).

2. Learned advocate Mr. Amit Joshi for the applicant submits that the applicant – Gujarat State Cooperative Agriculture and Rural Development Bank Ltd., Surendranagar has given a loan to the respondent no. 2 on 01.11.2011 for Rs. 2 lakhs and all the necessary documents were executed by the respondent no. 2. The duration of the loan was for a period of nine years and as the installments were not paid regularly, an amount of Rs. 4,08,714/- was due towards which cheque no. 167576 dated 20.07.2018 was issued from the account of the respondent no. 2 with the Surendranagar District Cooperative Bank