- (1.) Leave granted.
(2.) These appeals arise out of a judgment and order dated 2nd April, 2014 passed by the High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh at Guwahati in Criminal Appeal No.10 and Criminal Revision No.41 both of the year 2012 whereby the High Court has allowed the Criminal Revision No.41 of 2012 and set aside the conviction of respondent Haren Mudoi under Section 138 of the Negotiable Instruments Act, 1881 and dismissed Criminal Appeal No.10 of 2012 filed by the Complainant/Appellant.
(3.) The Complainant/Appellant in these appeals is a partner in M/s. Ayaan Consortium. He entered into an agreement with one Nazimul Islam for construction of a multi-storeyed building over a certain parcel of land. It is not in dispute that the Complainant/Appellant paid to Nazimul Islam in connection with the said agreement a sum of Rs.10,00,000/- (Rupees Ten Lakhs only). It is also not in dispute that the agreement did not materialise in the execution of the work in question with the result that the same was cancelled in terms of a Promissory Note dated 13th August, 2007 executed by Nazimul Islam in favour of the Complainant/Appellant. The Promissory Note, apart from cancelling the agreement, promised to pay to the Complainant/Appellant the amount of Rs.10,00,000/- received by the executant Nazimul Islam within a period of one month from the date the Promissory Note was executed. What is important is that the Promissory Note further stipulated that the amount of Rs.10,00,000/- was being refunded by the executant in terms of five post-dated cheques dated 5th September, 2007, 7th September, 2007, 9th September, 2007, 11th September, 2007 and 13th September, 2007, the receipt whereof was acknowledged by the Complainant/Appellant. The Promissory Note, at the same time, somewhat contradicted itself when it mentioned that the cheques were being issued as a security and shall be returned to Nazimul Islam when the amount of Rs.10,00,000/- is paid by him within a period of one month. Interest at the bank rates was also promised to be paid on the said amount of Rs.10,00,000/- .;