1. This application is filed seeking leave to prefer an appeal challenging the judgment and order of acquittal passed by learned trial court in Criminal Case No.898 of 2022 dated 14.03.2024 by the learned 4th Additional Chief Judicial Magistrate, Navsari on the ground that debt which is sought to be recovered through cheque is time barred debt.

2. It is the case of the complainant that complainant and accused were friends and as the complainant came back from the Iraq, having good funds, the accused sought financial aid in the year 2015 and the amount of Rs.10,00,000/- was lent by the complainant on execution of the Bahedari Lekh dated 25.01.2016. To repay the said amount three cheques bearing nos. 072410, 072411 & 072412 were issued in favour of the complainant. On depositing the aforesaid cheques, all three cheques returned with an endorsement of “account closed”. On following due procedure under the N.I. Act, a private complaint came to be filed.

2.1. To substantiate the allegation complainant has examined himself below Exh.5, examined the witness who is the Chief Manager of Bank of Baroda below Exh.36, Branch Manager of HDFC Bank below Exh.39 and the Notary Public befor