JUDGMENT :

T.S. Thakur, CJI.

1. Leave granted.

2. These appeals arise out of a judgment and order dated 2nd April, 2014 passed by the High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh at Guwahati in Criminal Appeal No.10 and Criminal Revision No.41 both of the year 2012 whereby the High Court has allowed the Criminal Revision No.41 of 2012 and set aside the conviction of respondent Haren Mudoi under Section 138 of the Negotiable Instruments Act, 1881 and dismissed Criminal Appeal No.10 of 2012 filed by the Complainant/Appellant.

3. The Complainant/Appellant in these appeals is a partner in M/s. Ayaan Consortium. He entered into an agreement with one Nazimul Islam for construction of a multi-storeyed building over a certain parcel of land. It is not in dispute that the Complainant/Appellant paid to Nazimul Islam in connection with the said agreement a sum of Rs.10,00,000/- (Rupees Ten Lakhs only). It is also not in dispute that the agreement did not materialise in the execution of the work in question with the result that the same was cancelled in terms of a Promissory Note dated 13th August, 2007 executed by Nazimul Islam in favour of the Complainant/Appellant. The Promissor