HITESH KUMAR SARMA, J.

1. By way of this appeal under Section 378(4) of the Code of Criminal Procedure, the complainant, as appellant, has challenged the judgment of acquittal, dated 19.06.2015, passed by learned Judicial Magistrate 1st Class, Kamrup (M), Guwahati, in CR Case No. 3595/2010. It may be mentioned here that a leave application, under Section 378(3) of the Code of Criminal Procedure, was filed seeking leave to file the appeal and this appeal came to be heard after granting the leave.

The facts of the case may be summarised as follows;

2. The complainant and the accused were well known to each other. In connection with the business needs of the husband of the accused the complainant had lent an amount of Rs. 15,00,000 (Rupees Fifteen lacs). Thereafter, the accused issued a cheque No. 285075, dated 24.08.2015, for an amount of Rs. 15,00,000 in favour of the complainant. The complainant presented the cheque to be credited in his account at State Bank of India, Bharalumukh Branch, but the cheque was dishonoured with a bank memo that the account of the accused has been closed. The complainant, thereafter, issued a statutory demand notice demanding payment of the chequ