JUDGMENT :

RUMI KUMARI PHUKAN, J.

1. Heard Mr. B. Nath, learned counsel appearing for and on behalf of the appellant/complainant as well as Ms. A. Begum, learned Addl. P.P., Assam, representing the State/respondent. None is present for and on behalf of the respondent No. 2.

2. The present appellant as complainant filed a complaint case before the learned CJM, Kamrup (Metro) at Guwahati against the respondent No. 2/accused, u/s. 138 of the Negotiable Instrument Act, 1881 (In short 'the N.I. Act') alleging that the accused person issued three cheques in favour of the complainant which were dishonoured due to insufficient funds. The complainant alleged that the accused person approached the complainant for monetary assistance to the extent of Rs. 1,32,000/- and promised to repay the same within three months and/or demand or whenever he needed and on such request the complainant paid Rs. 1,32,000/- to the accused person on 13.04.2015 and no document was executed in respect of lending of such amount as the accused was known to him since long. On demand made by the complainant, for return of money, three cheques for Rs. 44,000/- each were issued by the accused on 25.06.2015, 25.07.2015 and