Bogan Oza VS Lalitya Kumar Das

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

T.NANDAKUMAR SINGH
Bogan Oza – Appellant
Versus
Lalitya Kumar Das – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:H. Sarma, Advocate.
For the Respondent:P.J. Saikia, Advocate.

JUDGMENT

T. Nandakumar Singh, J.— By this appeal, the appellant- complainant is assailing the judgment and order dated 7.9.2006 passed by the learned Sub-Divisional Judicial Magistrate (M), Dhakuakhana passed in Case No. C.R. 306/2005, wherein and whereunder, the learned Sub-Divisional Judicial Magistrate (M) held that the appellant complainant had failed to prove that the respondent-opposite party had committed the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NIA.1881).

2. Heard Mr. B. Sarma, learned Counsel appearing for the appellant complainant as well as Mr. P.J .Saikia, learned counsel for the respondent opposite party.

3. The factual panorama of the appellant complainant’s case in his complaint dated 19.10.2005 being Case No C.R.306/2005 against the respondent opposite party under Section 138 of the NIA,1881 is briefly recapitulated.

The appellant complainant Sri Bogan Oza sold his plot of land measuring four kathas covered by Dag No.1152 of Patta No.110 of Dhakuakhana Mouza at Konwar Ghahi gaon map for Rs. 2,00,000 to the respondent opposite party Sri Lalitya Das under the sale agreement dated 23.11.2002 between the appell