JUDGMENT I.A. No. 2280 of 2018 1. Heard learned counsel for the parties. 2. Instant interlocutory application has been filed on behalf of the appellant/complainant for seeking leave of the Court u/s 378(4) Cr.P.C. It is submitted by the learned counsel for the appellant/complainant that vide impugned order dated 11.12.2017 the accused of the case has been acquitted by the court below on the ground that neither the appellant/complainant adduced any evidence on record and nor he successfully brought home the charges against the accused person beyond all reasonable doubts. Hence it is submitted that leave be granted for presenting the appeal as otherwise the appellant will suffer from irreparable injuries. 3. Perusal of the record reveals that the complaint has been lodged alleging commission of the offence punishable u/s 138 of the NI Act as allegedly the cheque issued by the accused person was dishonoured due to insufficient funds in his account and as he did not pay the amount after notice. From the impugned order it also appears that substance of accusation was explained to the accused person for the said offence on 22.07.2016, to which she pleaded not guilty and claimed to be tried. The complainant was given time from 08.09.2016 till 25.07.2017 for adducing evidence but the complainant did not adduce any evidence nor filed evidence on affidavit. As no evidence was adduced on behalf of the appellant in spite sufficient opportunities given to him and the complainant did neither appear before the trial court, nor filed evidence on affidavit and stopped taking steps, hence it appeared to the learned court below that the complainant seems to have lost interest in contesting the case and hence, the accused was acquitted. 4. Learned Addl. P.P. submits that sufficient opportunity was given to the complainant/ appellant and without any plausible reasons the appellant/complainant did not adduce any evidence and nor he took any steps in the trial court and the appellant/complainant never moved before the trial court to recall the order by which by the evidence of the complainant was closed. Hence the learned Addl. P.P. defended the impugned order by submitting that the leave ought not to be granted to the appellant/complainant. 5. Hence the learned Addl. P.P. defended the impugned order by submitting that the leave ought not to be granted to the appellant/complainant. 5. Considering the fact that the complainant/appellant has been given sufficient time and opportunity to adduce evidence but he neither adduced evidence nor explained any reason for not adducing the evidence in the trial court nor he took any steps before the learned trial court for giving him any more opportunity for adducing evidence the learned court below has rightly acquitted the accused person and this court is of the considered view that this is not a fit case for granting leave to appeal to the appellant. 6. Thus this application for grant of leave for presenting the appeal being without any merit is rejected and consequently Acquittal Appeal (C) No. 12 of 2018 is dismissed.