JUDGMENT :

Heard Mr. A. Sheikh, learned counsel for the petitioner. Also heard Mr. N.C. Das, learned counsel for the respondent No.2. None appeared for the State/respondent No.1, which is a formal party.

2. In this Criminal Revision Petition, under Section 397/401, read with Section 482 of the CrPC, 1973, the petitioner, Biswanath Roy Choudhury has challenged the legality, propriety and correctness of the order dated 29.10.2018, passed by the learned Judicial Magistrate, 1st Class, Kamrup (M) at Guwahati in C.R. Case No.3654C/2016, under Section 138 of the N.I. Act.

3. It is to be noted here that vide impugned order dated 29.10.2018, the learned Court below has dismissed the petition No.2424, filed by the petitioner for dismissal of the complaint and discharging of the accused.

4. The factual background leading to filing of the present petition is briefly stated as under:-

“The petitioner has taken a sum of Rs.10 lacs, from the respondent No.2 Sri Debashis Deb as financial help, for business purpose, with a promise to return the same within six months. Thereafter, on 28.07.2016, towards the repayment of the existing liability towards the respondent No.2, the petitioner has issued one ch