This appeal is directed against the judgment dated 06.10.2007, passed by the learned Sessions Judge, Guwahati in Crl. A. No.41/2007 whereby the learned Sessions Judge reversed the judgment and sentence dated 11.06.2007 passed by the learned Special Judicial Magistrate, Kamrup, Guwahati in Case No.6182-c/2005 convicting the appellant who was the accused of the case u/s 138 of the N.I. Act and sentencing him to R.I. for 6 months and to pay find of Rs. 2,00,000/- in default to imprisonment for 3 months.

2. The appellant herein Manoj Kumar Narzary as complainant filed a complaint before the learned CJM, Kamrup, Guwahati which came up for trial before the learned Judicial Magistrate, First Class, Assam. As per the complaint, the complainant entered into an agreement with the accused regarding some financial transactions in connection with some construction works under the Assam State Housing Board. It was stipulated in the agreement that the appellant (complainant) was to receive Rs.1,17,000/- from the respondent (accused) and accordingly a cheque was issued by the accused which was presented in the Diphu Branch of SBI but the cheque was dis-honoured due to “stop