Prasanta Kumar Saikia, J.

1. This appeal is directed against the judgment and order dated 27.02.2012, passed by the learned Judicial Magistrate, 1st Class, Nagaon in C.R. Case No. 1554c/08 U/s. 138 of the Negotiable Instrument Act, 1881 (for short' the N.I. Act), acquitting the respondent No. 2 herein of offence U/s. 138 of the N.I. Act, (respondent. 2 would be referred to as the accused person). Being aggrieved by the aforesaid judgment, the complainant/appellant preferred this appeal U/s. 378(4) of Cr.P.C. seeking quashment of the aforesaid judgment alleging that the said judgment was rendered in total violation of various provisions of law, so incorporated in the N.I. Act and also in total disregard of the dictum in the Evidence Act.

2. I have heard Mr. G. Saikia, learned counsel for the appellant. Also heard Mr. U.K. Das, learned counsel for the respondents.

3. The case, projected by the appellant (hereinafter referred to as the 'complainant') in its complaint petition which gave rise to C.R. Case No. 1555c/08, in short, is that 'M/s. Bonanza Portfolio Ltd' with its Head Office at New Delhi, is a member of National Stock Exchange of India Ltd., Bombay, Depository participa