ORDER :

1. The present application is filed by the applicant seeking leave to appeal against the judgment and order dated 08.08.2023 passed by the learned 13th Additional District & Sessions Judge, Surat in Criminal Appeal No. 595 of 2022, whereby the learned Trial Court acquitted the respondent No.2 from the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’).

2. Heard learned advocate Mr. Rashesh Patel for learned advocate Mr. Suraj A. Shukla, for the applicant, learned advocate Ms. Madhavi Solanki for learned advocate Mr. Zubin F. Bharda for the respondent No. 2 and learned APP Ms. Dhwani Tripathi for the respondent No.1 – State.

3. Learned advocate Mr. Rashesh Patel for the applicant submits that the applicant had filed the complaint under Section 138 of the NI Act for the learned Chief Judicial Magistrate, Surat and by order dated 20.09.2022, the learned 12^th Additional Chief Judicial Magistrate, Surat was pleased to convict the respondent No. 2 and sentence him to simple imprisonment of one year and to pay the amount of cheque with 9% interest to the applicant and in default simple imprisonment of six months.

4. Being aggrieved by