SUNIL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. RA Choudhury, learned counsel appearing for and on behalf of the appellant and Mr. AHMR Choudhury, learned counsel for and on behalf of respondent No.2.

(2.) Present appeal under Sec. 378(4) of Code of Criminal Procedure has been preferred against the order of acquittal passed by the learned Chief Judicial Magistrate, Karimganj, in C.R. Case No. 1243/2014 under Sec. 138 of the Negotiable of Instrument Act, wherein the learned court has acquitted the accused /respondent No.2 from the charge.

(3.) The present appellant, as complainant has filed a complaint petition before the court of Chief Judicial Magistrate, Karimganj to the effect that he is a cultivator and also worked in a query and he had good relation with the accused person (Tapan Kumar Das), who was introduced by one Gautam Poddar and Manna Dey. Due to such business relation with the accused, the accused borrowed Rs.5 Lakhs from the complainant and thereafter issued two Nos. of cheques of Rs.2.50 Lakhs each dated 19.09.2014 in favour of the complainant towards the payment of such debt. The cheques were deposited in the Bank on 23.09.2014 but the same was returned dishonoured on the ground of "insufficient fund". The same was informed to the accused person and the accused requested the complainant to deposit the same after some time. Then again on 17.10.2014, the cheques were deposited by the complainant but the same were again returned dishonoured on the same ground ("insufficient fund"). Thereafter, the complainant served an Advocate Notice demanding money but as the same was not responded to, a complaint petition under Sec. 138 of NI Act was filed, on the basis of which the C.R. Case No.1243/2014 was registered under Sec. 138 of NI Act.