JUDGMENT :

Heard Mr. S. Chakraborty, learned counsel for the appellant, and also heard Mr. P.K. Munir, learned counsel, for the respondent.

2. In this appeal, under section 378 Cr.P.C., the appellant – Shri Amitabh Saikia, has put to challenge the judgment and order, dated 05.08.2016, passed by the learned Chief Judicial Magistrate, Nagaon, in C.R. Case No.1467/09, under Section 138 of the N.I. It is to be noted here that vide impugned judgment and order, the learned court below has acquitted the respondent, of the offence under section 138 N.I. Act.

3. The background facts, leading to filing of the present appeal, under section 378 Cr.P.C. is adumbrated herein below:-

“The appellant and the respondent herein had a good business relationship. Then on 10.07.2008, the respondent had requested the appellant to advance him a sum of Rs.10,00,000/- with a promise to return the same within three months. Accordingly, the appellant had given a sum of Rs.10,00,000/- to the appellant on 14.07.2008. After three months, i.e. on 24.10.2008, the appellant had demanded the respondent to return the sum. The respondent then issued a cheque, bearing No. 093619, dated 24.10.2008, payable at UCO Bank, Jorh