ORDER

This petition has been filed to grant leave to the petitioner to prefer Criminal Appeal against the order of acquittal dated 26.10.2022, passed by the learned District Munsif-cum-Judicial Magistrate, Kotagiri in STC No.1757 of 2016.

2. The petitioner herein is the complainant and the respondents herein viz., Diamond Equipments and Engineers, (Proprietorship Firm) and P.Ravi (Proprietor of the Firm) are A1 and A2 in the above case in STC No.1757 of 2016. The petitioner filed a complaint under section 138 of Negotiable Instruments Act against the respondents/accused stating that, the second respondent borrowed a sum of Rs.11,30,000/- on various dates from 14.08.2015 to 25.01.2016; and thereafter, to repay the entire amount, the second respondent, in the capacity of sole proprietor of A1 Firm, issued a post dated cheque, bearing No.108077 for a sum of Rs.11,30,000/- . The petitioner presented the above cheque for collection through his bank viz., Vijaya Bank, Kotagiri on 19.09.2016 and the same was dishonoured on 20.09.2016, with an endorsement " Drawers signature differs" . Therefore, the petitioner issued a notice on 27.09.2016 to pay the amount towards the dishonoured cheque,