(1.) Heard Mr. S. Chakraborty, learned counsel for the appellant, and also heard Mr. P.K. Munir, learned counsel, for the respondent.
(2.) In this appeal, under Sec. 378 Cr.P.C., the appellant ' Shri Amitabh Saikia, has put to challenge the judgment and order, dtd. 5/8/2016, passed by the learned Chief Judicial Magistrate, Nagaon, in C.R. Case No.1467/09, under Sec. 138 of the N.I. It is to be noted here that vide impugned judgment and order, the learned court below has acquitted the respondent, of the offence under Sec. 138 N.I. Act.
(3.) The background facts, leading to filing of the present appeal, under Sec. 378 Cr.P.C. is adumbrated herein below:-