PUTUL PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.A. Sheikh, learned counsel for the accused-appellant. Also heard Ms. U. Baruah, learned Senior counsel for the respondent Nos. 2 and 3 and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State/respondent No.1.

(2.) This appeal has been preferred by the complainant as appellant against the impugned judgment and order dtd. 03/03/2016 passed by the learned Additional Chief Judicial Magistrate Dhemaji, Assam in connection with N.I. case no 12/2014 whereby the respondent Nos. 2 and 3 as accused were acquitted from the charge u/s 138 of Negotiable Instrument Act, 1881 (hereinafter, in short N.I. Act).

(3.) The case of the complainant is that the complainant is a businessman by profession and permanently resided at Bordoloni Kalita Gaon under Gogamukh Police station in the District of Dhemaji. The accused No. 1 i.e., Pranjal Das was the Secretary of Bordoloni Samabai Samittee and accused No. 2 Mahabir Bordeori was the Chairman of the said Samittee. Both the accused persons borrowed Rs.4,20,893.00 (Rupees Four Lakh Twenty Thousand Eight Hundred Ninety Three) on 02/04/2014 for the purpose of lifting rice and atta in the name of said Samabai Samittee. The accused persons also promised to repay the borrowed amount within two months along with some amount of profit obtained by selling rice and atta to the agents of the said Samabai Samittee.