PRABIN DEKA Vs. BHAGIRATH JAISWAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 7.6.2003 passed by the learned Judicial Magistrate, Golaghat in C.R. Case No.873 of 2002 .whereby the learned Magistrate has dismissed the complaint filed by the complainant under Section 138 of the Negotiable Instrument Act, 1881. Hence this appeal is at the instance of the complainant.

(2.) HEARD Mr. J Singh, learned counsel for the appellant and Mr. S. M. Rahman, learned counsel for the respondent. I have also perused the impugned judgment as well as oral and documentary evidence tendered by the complainant in the trial court.

(3.) THE trial court framed the following points for determination: