ORDER :

1. The present application is filed by the applicant - original complainant under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) seeking leave to appeal against the order dated 06.01.2025 passed by the learned Additional Chief Judicial Magistrate, Bhuj-Kachchh ( hereinafter referred to as “learned trial Court”) acquitting the respondent No. 2 - accused in Criminal Case No. 2810 of 2018 filed by the applicant for the offence under Section 138 of the Negotiable Instrument Act, 1881, hereinafter referred to as the “NI Act”).

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. Heard learned advocate Mr. Amit R. Joshi for the applicant and learned Additional Public Prosecutor Mr. Utkarsh Sharma, for the respondent State. Though served the respondent has not appeared either in person or through an advocate. Perused the judgment and order passed by the learned trial Court as well as the judgment and order passed by the learned Sessions Court.

3. Learned advocate Mr. Amit R Joshi for the applicant submits that the respondent No. 2 had tak