JUDGMENT :

Heard Mr. S. Banik, learned counsel for the appellant. Also heard Mr. J. Borah, learned counsel for the respondent No. 1 and Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent No. 2.

2. This is an appeal under Section 378 (4) of the Code of Criminal Procedure, 1973, against the judgment and order dated 25.11.2009, passed by the learned Additional Chief Judicial Magistrate, Cachar, Silchar, in CR Case No. 2802/2006, acquitting the accused from the said case.

3. The brief facts of the case is that the respondent No. 1, as an accused, took a loan of Rs. 5,00,000/-(Rupees five lakhs) only from the appellant by executing a hand note with an assurance to repay the amount within December, 2004. But the accused failed to repay the loan amount within the stipulated period and issued another hand note in the month of March, 2005 stating that he would repay the loan amount within 1 (one) month. But, even after several request made by the appellants, the accused did not make any payment and thereafter he issued 5 (five) numbers of account payee cheques to the appellant for the total loan amount of Rs. 5,00,000/-. The appellant presented the said 5 (five) ch