Housing And Urban Development ... vs State Of Assam And 2 Ors
2021 Latest Caselaw 478 Gua

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GAHC010034102020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : Crl.L.P./9/2020

            HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.
            HAVING ITS REGISTERED OFFICE AT HUDCO BHAVAN, ISC COMPLEX,
            LODHI ROAD, NEW DELHI AND ITS REGIONAL OFFICE AT R.G. BARUAH
            ROAD, GANESHGURI REP. BY ITS DULY AUTHORIZED OFFICE SRI
            PRASANTA KUMAR KONWAR DEPUTY MANAGER (PROJECTS).



            VERSUS

            STATE OF ASSAM AND 2 ORS
            REP. BY PUBLIC PROSECUTOR, ASSAM.

            2:M/S CONSTRUCTION PVT. LTD.

            REP. BY SRI ANUP KR. NATH
            DIRECTOR 2ND FLOOR VINAYAK APARTMENT (NEAR PADDAR CAR
            WORLD) G.S. ROAD KHANAPARA
            GUWAHATI-781022.

            3:SRI ANUP NATH
             DIRECTOR MAGUS CONSTRUCTION PVT. LTD.
             2ND FLOOR VINAYAK APARTMENT (NEAR PADDAR CAR WORLD)
             G.S. ROAD KHANAPARA
             GUWAHATI-781022

Advocate for the Petitioner   : MR. K BHATTACHARJEE

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR
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                                                           ORDER

10.02.2021

Heard Ms. B. Talukdar, learned counsel for the applicant and Mr. B.B. Gogoi, learned Addl. PP for the State/respondent No. 1.

By this application under Section 378(3) Cr.P.C., the applicant has prayed for permission to prefer an appeal against the order of acquittal passed by the learned Special Judicial District Magistrate (S) No. 1, Kamrup (M) in CR Case No. 2690/10 under Section 138 of the NI Act, 1881.

Having considered the grounds cited in the application, this Court finds that there is good ground for adjudication of the matter in the connected Criminal Appeal preferred against the judgment and order, dated 26.09.2019, whereby the learned trial Court acquitted the respondent Nos. 2 & 3.

Accordingly, the Crl. Leave Petition is hereby granted to the petitioner as prayed for.

Registry to register the connected Crl. Appeal and list the same accordingly.

This disposes off the Crl. Leave Petition.

JUDGE

Comparing Assistant