1 The applicant i.e. original complainant is seeking leave to challenge the judgment and order dated 17.02.2021, passed by the learned Judicial Magistrate, First Class, 1st Court Beed in S.C.C. No. 1987/2017, whereby the respondent- accused has been acquitted from the charge under Section138 of the Negotiable Instruments Act.

2 The learned Counsel for the applicant submits that the complainant-applicant had, in fact, proved withdrawal of amount of Rs.3,00,000/-, out of which, he gave amount of Rs.2,50,000/- as hand loan to the present respondent- accused, who is also his relative. He pointed out that the learned Trial Court wrongly observed that there was no evidence on record as to when the said amount of Rs.2,50,000/- was given to the respondent-accused by the applicant-complainant. According to him, there was no necessity of such supporting evidence as withdrawal of the amount has already been proved by the complainant. He also relied on the following judgments:

{i} In the case of Shree Daneshwari Traders Vs. Sanjay Jain and another , (2019) 16 SCC 83; and {ii} In the case of Sripati Singh (since deceased) through his son Gaurav Singh Vs. The State of Jharkhand & another (C