K. D. Iron And Steel Co vs The State Of Assam And Anr
2021 Latest Caselaw 37 Gua

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GAHC010114822020




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

                                  Case No. : Crl.L.P./40/2020

            K. D. IRON AND STEEL CO.
            REP. AS ASSISTANT GENERAL MANAGER ARJUN KARMAKAR, SITUATED
            AT LOHIA HOUSE, M.G. ROAD, FANCY BAZAR, P.S. FANCY BAZAR OUT
            POST, DIST.- KAMRUP(M), GUWAHATI, ASSAM, PIN- 781001.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY P.P., ASSAM.

            2:SANJIB SINHA
             RADHAKANT SINHA
             PROP OF- SHUBHAM INTERNATIONAL
             HOUSE NO. 18
             CHALARAI NAGAR
             INDRAPUR
             P.S. BHANGAGARH
             DIST.- KAMRUP(M)
            ASSAM
             GUWAHATI- 781005

Advocate for the Petitioner   : MR. S K JAIN

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            K.D IRON AND STEEL CO.
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               VERSUS

               THE STATE OF ASSAM AND ANR (B)



               ------------
               Advocate for :
               Advocate for : appearing for THE STATE OF ASSAM AND ANR (B)




                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                            ORDER

Date : 06-01-2021

Heard Mr. S.K. Jain, learned counsel for the applicant/appellant as well as Mr. B. Sharma, learned Addl. P.P., Assam appearing for the State/respondent No. 1.

This application under Section 378(4) Cr.P.C. is filed for granting special leave to appeal against the judgment and order, dated 29.02.2020, passed by the learned S.D.J.M., (I)

Kamrup (M), Guwahati, in Complaint Case No. 2041 C/2015, under Section 138 of the N.I. Act, whereby the accused was acquitted by dismissing the complaint petition made by the appellant/complainant.

On perusal of the grounds of appeal, this Court finds sufficient prima facie material for adjudication against the impugned judgment and order. Therefore, leave is hereby granted to prefer the appeal as prayed for.

Registry to register the connected criminal appeal and list the same.

LCR has been received.

Issue notice to the respondent No. 2. Steps be taken by registered A/D post within 5 (five) days.

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This disposes off the criminal leave petition.

JUDGE

Comparing Assistant