BOGAN OZA Vs. LALITYA KR DAS

JUDGEMENT

(1.) BY this appeal, the appellant-complainant is assailing the judgment and order dated 07. 09. 2006 passed by the learned Sub-Divisional Judicial Magistrate (M), Dhakuakhana passed in Case No. C. R. 306/2005, wherein and whereunder, the learned Sub-Divisional Judicial Magistrate (M) held that the appellant-complainant had failed to prove that the respondent-opposite party had committed the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NIA, 1881 ).

(2.) HEARD Mr. H. Sarma, learned counsel appearing for the appellant-complainant as well as Mr. P. J. Saikia, learned counsel for the respondent-opposite party.

(3.) THE case of the respondent-opposite party as appeared from his statement under Section 313 Cr. P. C. is that on 07. 07. 2005 another agreement, which was exhibited by the respondent-opposite party during the course of the trial, was also executed between the appellant-claimant and the respondent-opposite party mentioning that the appellant-complainant would sell and deliver possession of his remaining part of the land measuring one katha six lechas to the respondent-opposite party within 11. 07. 2005 and for that purpose a cheque of Rs. 64,000/- as a value/price of the said land to be encashed on 11. 07. 2005 was issued by the respondent-opposite party in favour of the appellant-complainant. As the possession of the said land was not delivered to the respondent-opposite party within 11. 07. 2005, the respondent-opposite party instructed the concerned Bank to stop payment of the aforesaid cheque of Rs. 64,000/ -. It is also the further case of the respondent-opposite party that as the appellant-complainant failed to deliver the possession of the said land to the respondent-opposite party, he had instructed the Bank to stop payment of the said cheque though he had sufficient money in his Savings Account No. 2207/13 of the Assam Co-operative Apex Bank Ltd. at Dhakuakhana Branch.