ORAL JUDGMENT

1. This Court has granted application for Leave to Appeal today. Hence, ADMIT. Mr. Yuvraj Brahmbhatt, learned APP waives service of notice of admission on behalf of the respondent No.1- State of Gujarat. With consent of the parties the Appeal is taken up for hearing today.

2. The appellant has preferred the present Appeal under Section 419 of the Bhartiya Nagrik Suraksha Sanhita (for short "B.N.S.S.") against the judgment and order of acquittal dated 5.8.2024 passed by the learned 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Porbandar (hereinafter be referred to as “the trial Court”) in Criminal Case No. 6214 of 2022, whereby the respondent No.2-original accused was acquitted from the charges levelled against him under Section 138 of the Negotiable Instrument Act, 1881 .

3. In present Appeal the appellant original complainant has prayed for following relief/s:-

"(a) Your Lordship may please to admit and allow this criminal appeal.

(b)Your Lordship may be pleased to quash and set aside the impugned judgment and order dated 05.08.2024 passed in criminal case no. 6214 of 2022 by the Ld. 4th Addl. Chief Judicial Magistrate, Porbandar, and furthe