ORDER

1. In 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 Court, for the safety of all concerned.

2. This criminal leave to appeal has been preferred claiming for the following reliefs :-

"It is, therefore, respectfully prayed that this application for leave to appeal may kindly be accepted and the application for leave to appeal may kindly be treated as appeal against acquittal and the judgment impugned dated 02.08.2019 passed by the learned Judicial Magistrate, Sri Ganganagar, District Sri Ganganagar in Regular Criminal Case No.73 of 2015 (CIS No.297 of 2015) Sahiram Vs. Brijlal may kindly be quashed and set aside and the accused-respondent be convicted for the offence under Section 138 of the Negotiable Instruments Act."

3. This Court observes that the mandatory period of notice was not adhered to by complainant and the complaint was filed before 15 days, which is the mandatory period.

4. Precedent law rendered by Hon’ble Apex Court in the matter of Alavi Haji, C.C. Vs. Palapetty Muhammed and Ors. (Criminal Appeal No.767/2007) decided on 18.05.2007, is applicable in the m