PRABHAT GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr B M Choudhury, learned counsel for the petitioner and Mr J I Borbhuiya, learned counsel for the respondent No. 2. Also heard Mr B Sarma, learned Additional Public Prosecutor appearing on behalf of the State of Assam/respondent No. 1.

(2.) This is an application filed by the petitioner under Sec. 482 of the Code of Criminal Procedure, 1973, read with Sec. 397 of CrPC, 1973, against the impugned order dtd. 5/10/2021, passed by the learned Additional CJM, Kamrup (Metro) in CR Case No. 1410c/2021, whereby, the learned Additional CJM has taken cognizance of offence against thepetitioner under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter, in short, the NI Act).

(3.) The brief facts of the case is that the complainant/respondent No. 2 is a businessman by profession, having friendly relationship with the accused petitioner. On several occasions and financial hardship, the accused petitioner availed financial assistance from the complainant and the total amount of money taken by the accused petitioner was Rs.21.00 lacs only, on several installments from the year 2017 to 2019 and out of the said amount, the accused petitioner in order to discharge his liability issued a cheque vide No. 748178, dtd. 12/10/2020, for an amount of Rs.6.00 lacs, drawn on the State Bank of India, Gogamukh Branch. On 12/10/2020, the complainant presented the said cheque before his banker, i.e., the State Bank of India at Lakhimpur, for collection of the said amount, but the said cheque was dishonoured by drawee bank and the cheque was returned to the respondent with a returning memo.