BOGAN OZA Vs. LALITYA KR. DAS

JUDGEMENT

(1.) BY this appeal, the appellant- complainant is assailing the judgment and order dated 7.9.2006 passed by the learned Sub-Divisional Judicial Magistrate (M), Dhakuakhana passed in Case No. C.R. 306/2005, wherein and whereunder, the learned Sub-Division Judicial Magistrate (M) held that the appellant-complainant had failed to prove that the respondent-opposite party had committed the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NIA, 1881').

(2.) HEARD Mr. B. Sarma, learned counsel appearing for the appellant- complainant as well as Mr. P.J. Saikia, learned counsel for the respondent-opposite party.

(3.) SAID post dated cheque at UBI, Dhakuakha in his account on 20.7.2005, the cheque was returned on 25.7.2005 with the return Memo of Assam Co-operative Apex Bank, Dhakuakhana with reason No. II that "payment stopped by the drawer". Thereafter, the appellant- complainant approached the respondent-opposite party and went to the Bank on 2.9.2005 for depositing the said cheque and again the cheque was returned with the Return Memo for the same reason i.e. "payment stopped by the drawer". The appellant- complainant also served a pleaders notice dated 12.9.2005 to the respondent-opposite party but the respondent-opposite party did not respond in spite of receiving the said notice. Hence, the appellant-complainant filed a case being C.R. Case No. 306/2005 under Section 138 of the NIA, 1881 against the respondent- opposite party Lalitya Das and one Kamal Deka who was the then LD Assistant in the office of the Sub-Registrar, Dhakuakhana in the Court of Sub-Divisional Judicial Magistrate (M), Dhakuakhana, Lakhimpur.