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2023 Supreme(Gau) 980

SOUMITRA SAIKIA
Loknath Sonowal S/o Late Bhula Sonowal – Appellant
Versus
Ajoy Poddar S/o Shri Biswanath Poddar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.J. Saikia.
For the Respondents: P. Bora, Ajoy Poddar.

JUDGMENT :

SOUMITRA SAIKIA, J.

1. This Criminal Petition is filed by the petitioner assailing the order dated 03.03.2021 passed by the Additional Chief Judicial Magistrate (CJM in short), Dibrugarh dismissing the Petition No. 115/2020 in NI Case No. 20c/2014 as well as the order dated 29.11.2021 passed by the Sessions Judge, Dibrugarh in Criminal Revision Case No. 09(1)/2021 dismissing the Crl. Revision Petition filed by the present petitioner and upholding the order dated 03.03.2021 passed by the Court of Additional CJM, Dibrugarh.

2. The petitioner is a resident of No. 2 Kathalguri Gaon under jurisdiction of Duliajan Police Station in the district of Dibrugarh. The petitioner is a contractor by profession who undertakes contractual works in the Raiwlays, P.W.D. OIL etc. The opposite party in the present petition filed a complaint petition under Section 138 of Negotiable Instruments Act (N.I. Act in short) before the Court of CJM, Dibrugarh on 06.02.2014. In the said petition it was alleged that the present petitioner had approached the opposite party/complainant for supply of materials to carry out a project of M/s. M.M. Enterprise in connection with the construction of Pachighat fo

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