ORDER :

1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. This Criminal Leave to Appeal under Section 378 (4) Cr.P.C. has been preferred claiming the following reliefs:

“1. This leave to appeal may kindly be granted and the memo of leave may kindly be treated as memo of appeal.

2. The Judgment dated 28.11.2018 passed by the learned Special Metropolitan Magistrate, NI Act Cases, Pali, in Crl Original Case No.1525/2017 may kindly be set aside and the respondent be convicted for the offence U/s 138 Negotiable Instruments Act as charged by allowing the complaint of the complainant as prayed.”

3. The brief facts of the case as placed before this Court by the learned counsel for the appellant are that the appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’) against the respondent No.2 before the learned Court below, when the cheque issued by the respondent No.2, bearing cheque no. 657728, dated 10.2.2017 for a sum of Rs. 9,55,000/- was dishonored by the ba