J U D G M E N T

1. The present leave petition has been filed under Section 378(4) of the Code of Criminal Procedure, 1973 [CrPC] seeking leave to file an appeal against the impugned order dated 04.01.2022 passed by the learned MM-04/NI Act/South, Saket Courts, New Delhi.

2. In view of the submissions made and considering the averments made in the petition, this Court is of the prima facie view that the petitioner (hereinafter referred to as appellant) has made out a case for grant of leave to appeal.

3. Accordingly, leave is granted and the Registry is directed to give a ‘Number’ to this petition as an appeal.

CRL.A......../2023 (TO BE NUMBERED)

4. The present appeal has been filed by the appellant seeking setting aside of the order dated 04.01.2022 passed by the learned MM-04/NI Act/South, Saket Courts, New Delhi [learned Trial Court] in criminal complaint being CT No.12629/2017 titled Adarsh Gaur vs. Metenuo Kechu, whereby the respondent no.2 has been acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 [NI Act].

5. As per the facts involved, respondent no.2, being the proprietor of M/s Element Oxygen, entered into a Lease Deed dated 10.06.2016 with the ap