BHABESH CHANDRA BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal under Section 378 Cr.P.C. preferred against the judgment and order of acquittal of the respondent No. 2 herein, dated 30.11.2015, passed by the learned Sub-Divisional Judicial Magistrate (S), Kamrup (M) at Guwahati, in C.R. Case No. 1029/2013 under Section 138 of the Negotiable Instruments Act (for short 'N.I. Act'), 1981.

(2.) The complainant-appellant's case, precisely, is that the respondent No. 2 issued a cheque, bearing No. 285016, dated 21.11.12 amounting to Rs. 1 lac in his favour for liquidating a legally enforceable debt. However, the cheque was dishonoured by the bank on presentation, on 23.01.2013 due to insufficient fund. The appellant issued demand notice to the respondent No. 2, on 18.02.2013, which was delivered to him, on 25.02.2013. But the respondent No. 2 did not make payment of the cheque amount. Therefore, the complainant appellant herein lodged a complaint under Section 138 of N.I. Act before the Court of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati against the accused-respondent No. 2 herein. On being made over, the trial commenced in the Court of learned Sub-Divisional Judicial Magistrate (S), Kamrup (M) at Guwahati and after completion of trial, the learned trial Court by the impugned judgment and order acquitted the accused-respondent No. 2 of the charge under Section 138 of the N.I. Act.

(3.) Now, by the instant appeal, the complainant-appellant has assailed the above impugned judgment and order, on the grounds, interalia, that the learned Trial Court failed to appreciate the evidence adduced by both the sides along with the statement of the accused-respondent No. 2 recorded under Section 313 Cr.P.C. from proper perspective.