Housing And Urban Development ... vs The State Of Assam And 2 Ors
2021 Latest Caselaw 1108 Gua

                                                                  Page No.# 1/2

GAHC010314392019




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

                                  Case No. : Crl.A./51/2021

            HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.,
            HAVING ITS REGISTERED OFFICE AT HUDCO BHAVAN, ISC COMPLEX,
            LODHI ROAD, NEW DELHI AND HAVING ITS REGIONAL OFFICE AT
            HOUSEFED COMPLEX, RUKMINIGAON, GUWAHATI- 781022 ,
            REPRESENTED BY ITS DULY AUTHORIZED OFFICER SMTI. ROLICE SEMA,
            ASSISTANT GENERAL MANAGER (LAW)



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY PP, ASSAM.

            2:M/S MAGUS CONSTRUCTION PVT. LTD.
             REPRESENTED BY MR. ANUP KUMAR NATH
             DIRECTOR
             2ND FLOOR
            VINAYAK APARTMENT (NEAR PODDAR CAR WORLD)
             G.S. ROAD
             KHANAPARA
             GUWAHATI-781022.

            3:ANUP KUMAR NATH
             DIRECTOR OF M/S MAGUS CONSTRUCTION PVT. LTD.

             2ND FLOOR
             VINAYAK APARTMENT (NEAR PODDAR CAR WORLD)
             G.S. ROAD
             KHANAPARA
             GUWAHATI-781022

Advocate for the Petitioner   : MR. K BHATTACHARJEE
                                                                               Page No.# 2/2

Advocate for the Respondent : PP, ASSAM




                                      BEFORE
                        HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                           ORDER

Date : 22.03.2021 Heard Mr. K Bhattacharjee, learned counsel for the appellant and Mr. NJ Dutta, learned Addl.Public Prosecutor for the State respondent No.1.

By this criminal appeal under Section 378 (5)of the CrPC, the appellant has prayed for quashing and setting aside of the Judgment and Order, dated 26.09.2019 passed by the learned SDJM (S) No.I, Kamrup (M) Guwahati in CR Case No.2690/2010 u/s 138 of the NI Act.

The criminal appeal is admitted.

Call for the LCR.

Issue notice to the respondents.

As Mr. NJ Dutta, learned Addl. P.P. accepts notice on behalf of the State respondent No.1, no formal notice be issued on respondent No.1. However, extra copy of the memo of appeal be served to him.

Issue notice on respondent Nos.2 and 3 by registered post with A/D. Steps within 3 days.

List the matter on 26.04.2021 along with Criminal LP No.58/2018.

JUDGE

Comparing Assistant