JUDGMENT & ORDER :

Heard Mr. S. Banik, learned counsel for the appellant. Also heard Mr. P. Bora, learned counsel for the respondent No.1 and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent No.2.

2. This appeal under Section 378(4) of the Criminal Procedure Code, 1973 (‘Cr.P.C.’ for short) is preferred against the judgment and order, dated 06.04.2010, passed by the learned Chief Judicial Magistrate (‘C.J.M.’ for short), Tinsukia in C.R. Case No. 1581/2006 dismissing the complaint and acquitting the accused/ respondent No.1 herein under Section 138 of the Negotiable Instrument Act, (‘N.I. Act’ for Short).

3. Leave granted vide order, dated 06.08.2010, passed in Crl. Leave Petn. No. 22/2010.

4. The complainant / appellant’s case, precisely, is that he lodged a complaint with the court of Learned C.J.M., Tinsukia, on 01.08.2006, alleging interalia, that he was engaged by accused Dr. Hiren Gogoi for a musical show at Dibrugarh. Accordingly, he had agreed for the said work and made all arrangements for organizing the show. As per the terms of the said agreement, towards discharge of liability of making part payment of the works the accused issued a State Bank