JUDGMENT :

Heard Mr. D. P. Borah, learned counsel for the petitioner. Also heard Mr. N. Anix Singh, learned counsel for the respondent.

2. This petition is filed under Section 482 of the code of Criminal Procedure, 1973, readwith Sections 401/397, challenging the legality and maintainability of the proceedings of C. R. Case No. 1825/2021, registered under Section 138 of the Negotiable Instruments Act (in short N.I. Act), 1881, which is pending before the Court of the learned Additional Chief Judicial Magistrate, Kamrup(M), Assam.

3. The brief facts leading to the filing of the present petition is that;

3.1. The petitioner is the Managing Director of a private limited company, named as ”Chu-Khumur Wine Pvt. Ltd.” which is the holder of an IMFL “OFF” Shop license. The respondent is a Partnership Firm, which carries the business of Wholesale of Liquor (IMFL & Beer). During the course of business, the Company of the petitioner used to purchase liquor from the respondent. While purchasing liquor from the respondent, the petitioner always used to transfer the amount to the respondent by way of the RTGS/NEFT bank transactions, and only after transfer of the amount, the respondent Firm used to