(1.) The present application is filed by the applicant - original complainant under Sec. 378(4) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking leave to file an appeal against the judgment and order dtd. 28/8/2024 passed by the learned 11 th Additional Judicial Magistrate First Class, Surat in Criminal Case No. 54353 of 2022, whereby the original accused - respondent No. 2 herein came to be acquitted from the charge levelled against him under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act").
(2.) The brief facts culled out from the memo of the present application as well as the impugned judgment and order and paper book filed by the applicant are as under:
(3.) Being aggrieved and dissatisfied with the same, the applicant has preferred the present application seeking leave to appeal mainly stating that the learned Trial Court has not properly interpreted the evidence and has misread the evidence and the impugned judgment is perverse, erroneous and contrary to law.