BAHEJ UDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 3/11/2016 passed by the learned Chief Judicial Magistrate, Chirang in Case No. NICR 4 of 2015 passing an order of acquittal. Accused- respondent No. 2 herein was acquitted from the charges u/s 138 of the Negotiable Instrument Act,1881 (N.I. Act for short).

(2.) The genesis of the case was that an undertaking was executed on 10/6/2013 by the respondent No. 2 who borrowed an amount of Rs.2,50,000.00 from the appellant. An agreement was entered into by both the parties and the respondent No. 2 agreed to return the borrowed money within a period of 2 months but he failed to repay the loan in time. The appellant repeatedly requested the respondent No. 2 to repay the debt and finally the respondent No. 2 issued two Account Payee Cheques being Cheque No. 034986 for Rs.2.00 lacs from his Account No. 32444819290 of the State Bank of India, BRPL Complex Branch, Dhaligaon and Cheque No. 841618 for Rs.50,000.00 from his Account No. 1201000100139169 of Punjab National Bank, Bongaigoan Branch in discharge of his debt of Rs.2,50,000.00.

(3.) The appellant filed a complaint petition of dishonour of cheques and on finding a prima facie case, cognizance was taken by trial Court u/s 138 of the N.I. Act. Process was also issued against the respondent No. 2. On appearance of the respondent No. 2 offence was explained u/s 138 of the N.I. Act and the respondent pleaded not guilty and claimed to be tried.