ORAL ORDER

1. This application is filed seeking leave to prefer an appeal against the judgment and order of acquittal passed by the learned Additional Chief Metropolitan Magistrate Court No.30 (NI Act) in Criminal Case No.115068 of 2018 dated 11.04.2023.

2. It is the case of the complainant in the complaint that, complainant is doing business of transport and the accused is proprietor of M/s. Speed Roadways of India and they were in the same business, therefore they were known to each other. It is the case of the complainant that for making payment of debt of CITI Bank, an amount of Rs.1,17,505/- and Rs.1,00,000/- was lent by the complainant to the accused on 17.04.2004. Up to the year 2008, the respondent-accused neither paid principle amount nor paid the interest as agreed, therefore complainant approached the respondent-accused and demanded the amount which was borrowed.

2.1. For repayment of the aforesaid amount, cheque bearing No.875466 dated 03.01.2009 was issued for the amount of Rs.4,75,422/- which was dishonoured on depositing and therefore after following the procedure prescribed under the N.I.Act, a private complaint came to be filed. On filing the complaint, the responden