KANAK CHANDRA BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. M.K. Das, learned counsel for the respondent No. 2 and Ms. S.H. Borah, learned Addl. Public Prosecutor for the State respondent.

(2.) By way of this petition under Sec. 401 read with Sec. 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC'), the petitioner is assailing the Judgment and Order dtd. 14/3/2018 passed by the learned Additional Sessions Judge, Sonitpur, Tezpur (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No.14(S-3) of 2016, whereby the appeal filed by the petitioner was dismissed by up-holding the Judgment and Order dtd. 15/9/2013 passed by the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur (hereinafter referred to as the 'Magistrate Court') in N.I Case No. 39/2013 registered under Sec. 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as the 'N.I. Act' ) .

(3.) The brief facts of the case is that a complaint petition was filed by the respondent No. 2 on 6/1/2014 alleging inter alia that the petitioner, upon seeking financial help from him by way of loan, he in good faith lend him a loan of Rs.3,20,000.00 (Rupees Three Lakhs Twenty Thousand) only upon the promise of the petitioner that the same will be repaid after 2 (two) months.