S.C. Das, J.

1. By this criminal appeal, filed under Section 378 of the Code of Criminal Procedure, the appellant, named above, challenged the judgment & order of acquittal, dated 14.2.2007, passed by learned Judicial Magistrate 1st Class, Court No. 1, Agartala, West Tripura in C.R. Case No. 34 of 2006 whereby the learned Magistrate acquitted the respondent (accused) from the charge framed against him under Section 138 of Negotiable Instruments Act (for short N.I. Act). Heard learned counsel, Mr. D.C. Roy for the appellant and learned counsel, Mr. D Bhattacharjee for the respondent. Learned Additional Public Prosecutor, Mr. R.C. Debnath has also been heard though the State has not been made a party in the appeal.

2. Brief fact:-

The appellant (complainant) and the respondent (accused) are full-blood brothers. The appellant filed a complaint before the learned Chief Judicial Magistrate, Agartala, West Tripura, on 03.01.2006, alleging inter alia that the accused is his full-blood brother and the accused is the proprietor of M/s. S.S. Electronics situated at 153 H.G.B. Road, Agartala and deals with the business of electronics goods such as TV, Fridge, Fan etc. The accused approac