(1.) Heard Mr. B. Dutta, the senior counsel appearing for the petitioner. Also heard Mr. S.K. Poddar, the learned counsel appearing for the respondent.
(2.) This is an application under Sec. 438 and 442 of the BNSS, 2023 challenging the judgment dtd. 21/3/2025 passed by the learned Sessions Judge, Dibrugarh in Criminal Appeal No.36(3)/2024.
(3.) The petitioner gave a loan of Rs.10,00,000.00 (Rupees Ten Lakh) to the respondent. Thereafter, on 14/10/2022, the respondent wrote a letter to the petitioner whereby he admitted to have taken Rs.10,00,000.00 from him. Moreover, with that letter, the respondent issued six numbers of cheque worth in total Rs.11,20,000.00 (Rupees Eleven Lakh Twenty Thousand) to the petitioner. The cheques were dishonoured by the Bank. Therefore, the petitioner filed the case being N.I. Case No.62/2023 in the court of the Judicial Magistrate First Class at Dibrugarh against the present respondent.