1. This appeal, under Section 378(4) of the Code of Criminal Procedure, is directed against the judgment and order dated 16.07.2013, passed by the learned Sub-Divisional Judicial Magistrate (Sadar), Dibrugarh, in Case No. 215C/2011, acquitting the accused, namely, Zabir Mifta Rahman, under Section 138 of the Negotiable Instrument Act, 1881.

2. I have heard Mr. M.K. Sharma, learned counsel appearing on behalf of complainant- appellant and Mr. A.R. Bhuyan, learned counsel, for accused-respondent.

3. The prosecution case, in brief, is that the appellant, Ashraf Nadeen Hussain, as complainant, filed a complaint under Section 138 of the Negotiable Instrument Act, 1988 (in short ‘NI Act’) at Dibrugarh, on 26.07.2011, which gave rise to Case No. 215C/2011. The Court of learned Sub-Divisional Judicial Magistrate (Sadar), Dibrugarh, took cognizance of the case under Section 138 of NI Act and at the end of the trial, the accused was acquitted due to lack of territorial jurisdiction to try the case as well as on merit.

4. The allegation made in the complaint is that, the accused/respondent took an amount of Rs. 45 Lakhs from the complainant for his business investment on cond