JUDGMENT :

Heard Ms. S. Sarma, learned counsel for the petitioner. Also heard Mr. M. Khataniar assisted by Mr. J. Deka, learned counsel for the respondent.

2. By this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing of the proceedings in Complaint Case No.2654C/2016 under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘N.I. Act’), pending in the Court of learned Chief Judicial Magistrate, Kamrup(M) at Guwahati.

3. The case of the prosecution, in brief, is that the accused company, namely Annada Tea Company (P) Ltd. represented through its Managing Director, Naba Sharma (the petitioner herein) requested the complainant company, namely M/s Korangani Tea Company Pvt. Ltd. for financial assistance to tide over acute financial crisis faced by the accused company. The complainant company, upon good will and good relation prevailing between the two companies agreed to provide financial help to the accused company. The Director of the accused company by communication, dated 17.12.2014, wrote to the complainant company seeking financial assistance and assured that if any financial assistance is received, the same will be adjusted against supply of gree