DEBAJANI KALITA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Sarma, learned counsel appearing for the petitioner as well as Mr. S. K. Jain, learned counsel representing the respondent.

(2.) By way of this revision, the petitioner has challenged the impugned judgment and order dated 31.05.2014, passed by the learned Appellate Court of Addl. Sessions Judge, (FTC) No.4, Kamrup (M), in Criminal Appeal No.30/12, whereby the learned Appellate Court has affirmed the order of learned trial Court of the Sub-Divisional Judicial Magistrate (S), No.II, Kamrup (M) and passed in C.R. Case No.2816C/2008, u/s.138 of the N.I. Act.

(3.) Briefly stated the case of the petitioner is that complainant/respondent Sunil Kumar Singh filed a complaint against the petitioner Debajani Kalita Deka with the allegation that the present accused/petitioner, out of financial crisis, took a loan from the complainant amounting to Rs.1,35,000/- (Rupees one lakh, thirty five thousand) on oral agreement with an undertaking to repay the same. Subsequently in discharge of the liabilities, the accused issued a cheque amounting to Rs.1,35,000/- on 26.03.2008 and on presentation of the cheque in the bank, the cheque was dishonoured with remark 'account closed'. The complainant issued a legal notice demanding the amount within 15 days of the receipt of the notice but as it was not responded, the complaint was filed under Section 138 N.I. Act.