ORDER :

(S.V. PINTO, J.)

1. Heard learned advocate advocate Mr. P.P.Majmudar for the applicant and learned APP Ms. Jirga Jhaveri and perused the impugned judgment and order of acquittal.

2. The present application is filed by the applicant - original complainant under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking leave to appeal against the judgement and order of acquittal dated 17.01.2025 passed by the learned 3^rd Judicial Magistrate, First Class, Surat (hereinafter referred to as the trial Court, for short) in Criminal Case No. 49524 of 2018, whereby, the learned trial Court acquitted the respondent for the offence punishable under Sections 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as NI Act, for short).

1.1 The respondent 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 appeal as well as the record and proceedings are as under:-

2.1 The applicant and respondent no.2 had business relations, and when respondent no.2 required financial assistance for personal purposes, he requested a loan from the app