JUDGMENT :

Rumi Kumari Phukan, J.

1. Heard Mr. S. Borthakur, learned counsel for the petitioner and Mr. H.A. Ahmed, learned counsel for the respondent No. 2. State is a formal party.

2. The present petitioner filed a complaint before the learned Addl. CJM, Barpeta alleging inter-alia that the accused purchased a tractor from the showroom of the complainant, namely, M/s Bharali Automobiles on 22.03.2014 and since then they grown friendly relationship and after one year of purchasing the tractor, the accused approached the petitioner for a loan of Rs. 1,50,000/- and out of such friendly relationship, the petitioner paid the same to the accused on 11.5.2015 and the accused-respondent also promised to return the same within one month. As the accused-respondent did not return the money as promised, so on the request made by the petitioner, the respondent issued a cheque amounting to Rs. 1,50,000/- on 11.5.2015 but the same was dishonoured by the bank and hence after service of due legal notice, a complaint was filed under Section 138 of NI Act.

3. The accused-petitioner faced the trial and denied the charge. The petitioner adduced evidence in support of his case but the defence adduced no r