AMULYA PATOWARY Vs. AMARENDRA CHOUDHURY

JUDGEMENT

(1.) This is an appeal under Section 378 of the Code of Criminal Procedure, 1973, arising out of the judgment and order, dated 25.11.2009, passed, in Criminal Appeal No. 44 of 2009, by the learned Addl. Sessions Judge (FTC No. 2), Kamrup, Guwahati, whereby the learned Addl. Sessions Judge has set aside the judgment and order, dated 29.06.2009, passed, in Complaint Case No. 8193(c)/2006, convicting the accused-respondent herein, under Section 138 of the Negotiable Instruments Act, 1881 (in short, 'NI Act') and sentencing him to suffer simple imprisonment for a period of 6(six) months and pay a sum of Rs. 3 Lakhs, as compensation, within 3(three) months from the date of passing of the judgment. Consequent to the setting aside of the impugned judgment and order, dated 29.06.2009, of the learned trial Court, the accused-respondent, in terms of the subsequent judgment and order, dated 25.11.2009, which forms the subject matter of this appeal, stands acquitted.

(2.) I have heard Mr. A.K. Purkayastha, learned counsel, appearing for the complainant-appellant. None has appeared on behalf of the accused-respondent.

(3.) I have, however, heard Mr. R. Chakraborty, learned counsel, and Mr. R. Mazumdar, learned counsel, as amicus curiae.