Kamal Ch. Das vs Ghanashyam Sarma And Anr
2021 Latest Caselaw 1713 Gua

                                                                   Page No.# 1/2

GAHC010070082021




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

                                  Case No. : Crl.L.P./10/2021

            KAMAL CH. DAS
            S/O SRI MAHESWAR DAS, R/O VILL BHANUKUCHI, PO GUWAKUCHI, PS
            GHOGRAPAR, DIST. NALBARI, ASSAM



            VERSUS

            GHANASHYAM SARMA AND ANR.
            S/O LATE JIBESWAR SARMA, R/O VILL. AMAYAPUR, PO BAGAL'S ROAD
            CHOWK, DIST. NALBARI, ASSAM, PIN-781348

            2:THE STATE OF ASSAM
             REP. BY THE PUBLIC PROSECUTOR
            ASSA

Advocate for the Petitioner   : MR. I H SAIKIA

Advocate for the Respondent :




             Linked Case :

            KAMAL CH. DAS



             VERSUS

            GHANASHYAM SARMA AND ANR. F
                                                                        Page No.# 2/2



           ------------
           Advocate for : MR. I H SAIKIA
           Advocate for : appearing for GHANASHYAM SARMA AND ANR. F


                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                     ORDER

27.07.2019

Heard Mr. I.H. Saikia, learned counsel for the applicant/appellant as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam for the State respondent No. 2.

By this application under Section 378(4) Cr.P.C., the applicant appellant has prayed for grant of leave of the Court to appeal against the impugned judgment and order, dated 23.02.2021, passed by the learned C.J.M., Nalbari, in N.I. Case No. 60/2016 whereby the accused was acquitted of the charge under Section 138 of the N.I. Act.

Upon consideration of the averments made in the application along with the grounds of appeal, this Court finds that the matter has merit for adjudication and as such, the application stands allowed.

Leave is hereby granted to prefer the connected appeal against the above noted impugned judgment and order.

Registry to register the connected appeal and list the same.

This disposes of the Criminal Leave Petition.

JUDGE

Comparing Assistant