SURANA FINANCE Vs. ANANTA TALUKDAR

JUDGEMENT

(1.) Heard Mr. B. Deka, learned counsel appearing for the appellant as well as Mr. K. Bhattacharjee, learned counsel for the respondent.

(2.) This appeal is preferred against the impugned judgment of acquittal dated 18.01.2018, passed by the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati in connection with CR Case No.1743C/2013 under Section 138 of N.I. Act.

(3.) The appellant as a complainant filed a complaint before the Court of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati under Section 138 of N.I. Act, 1881 against the sole accused person/respondent No.1. The complainant Surana Finance is a proprietary concern of Sri Rewantmal Surana and the case was filed through its Manager, Mukesh Surana contentding inter alia that the accused/respondent took finance for a vehicle under hire purchase agreement 07.06.20112 with the complainant bearing registration No. AS-01DD-2391 (709 Truck) and also took some personal loan from the appellant and towards the part payment of his debt and liabilities pertaining to hire-purchase agreement. Towards the liabilities to the complainant, the accused issued a cheque bearing number 725387 dated 10.01.2013 for Rs.50,000/- in favour of the complainant. The cheque was deposited for encashment but was dishonoured by the bank. Thereafter the legal notice was issued to the accused demanding the cheque amount but as it was not paid the complaint was filed under Section 138 of N.I. Act.