UTPAL MAJUMDER Vs. FARID MIAH (MD.)

JUDGEMENT

(1.) Heard Mr. S. Lodh, learned counsel appearing for the appellant as well as Mr. A. De, learned counsel appearing for the respondent-accused person.

(2.) This criminal appeal arises out of the Judgment dated 11.09.2018 passed by learned Chief Judicial Magistrate, Sepahijala, Sonamura in connection with case No. CR(NI)02 of 2015, disallowing the complaint lodged by the petitioner before the Court under Section 138 of Negotiable Instruments Act, 1881 (here-in-after referred to as N.I. Act).

(3.) Briefly stated, the complainant is the owner of a business shop namely, M/s Joy Ram Traders at ONGC, Nimbark under Amtali Police Station. The accused had purchased iron rods on various dates from 1.11.2014 to 18.11.2018 for an amount of Rs. 7,95,000/-. The accused-respondent issued a cheque bearing No.514189 dated 30.11.2014 drawn on UBI, Boxanagar Branch for an amount of Rs. 7,95,000/- only against his account No.1779210000091 in favour of the complainant towards the price of rods. The complainant-appellant herein on 22.12.2014 presented the cheque for encashment to his bank, namely, SBI, ONGC Colony Branch, Agartala but the said cheque was returned by the banker of the accused-respondent, namely, UBI, Boxanagar Branch with the return memo dated 23.12.2014 with endorsement of "closure of account".