ORDER :

Meenakshi Madan Rai, J.

1. By filing the application under Section 378(4) of the Code of Criminal Procedure, 1973, the Petitioner herein who was the Complainant before the learned trial Court, seeks leave to Appeal against the impugned Judgment dated 30.11.2016, of the learned Judicial Magistrate, East Sikkim at Gangtok in Private Complaint Case No. 03 of 2015 (Ankit Sarda v. Subash Agarwal), by which, the Respondent herein was acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter, “N.I. Act”).

2. Learned Counsel for the Petitioner advanced the contention that the Petitioner is a businessman trading in Stock Exchange and had business dealings with the Respondent herein (the accused before the learned trial Court). In October, 2014, the Respondent issued three Cheques to the Petitioner of which two Cheques were of AXIS Bank, Gangtok Branch and one of the Canara Bank, Gangtok Branch, which were marked as Exhibits 1, 2 and 3 respectively. The Cheques when presented by the Petitioner for encashment before the HDFC Bank, Gangtok Branch was dishonoured with the remark “insufficient funds” with regard to Exhibits 1 and 2 and “account closed”