ORDER :

1. The present application is filed by the applicant seeking leave to appeal against the judgment and order dated 09.01.2025 passed by the learned Chief Judicial Magistrate First Class, Ahmedabad City (hereinafter referred to as the “learned Trial Court”) in Criminal Case No.3800526 of 2015, 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. Yash Joshi for the applicant and learned APP Ms. Jirga Jhaveri for the respondent No.1 – State.

3. Learned advocate Mr. Yash Joshi for the applicant submits that the applicant had filed the complaint under Section 138 of the NI Act before the learned Chief Judicial Magistrate First Class, Ahmedabad City on 14/02/2007 and thereafter, the respondent No. 2 was served with the summons and did not appear and and for long time, the Court was vacant and the case being transferred from one to another Court, which is reflected in the Rojkam. The Rojkam for the year 2016, 2017 would show that the Trial in the matter could not proceed as the Court was vacant and the case was not allotted to any other