Smti.Hemlata Tamuly @ Hemalata ... vs The State Of Assam And Anr
2021 Latest Caselaw 727 Gua

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GAHC010156132020




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

                                  Case No. : Crl.A./32/2021

            SMTI.HEMLATA TAMULY @ HEMALATA TAMULY
            W/O- LT. AJAY KUMAR TAMULY,
            R/O- H NO. 11, PUB SARANIA,
            BYE LANE NO. 1, GUWAHATI, P.S.-CHANDMARI, DIST- KAMRUP(M),
            ASSAM, PIN- 781003.

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP, ASSAM.

            2:SMTI. MONMOYURIKONWAR ALIAS MONMOYURI BORAH KONOWAR
            W/O- NILIM BORAH

            R/O- H/ NO 20
            PUB SARANIA
            SANKARDEV PATH
            CHANDMARI
            GUWAHATI- 781003
            P.S.- CHANDMARI
            DIST- KAMRUP(M)
            ASSAM.
            PERMANENT RESIDENT OF-
            MOUZA/VILL- LAKUA
            P.S.- MATHURAPUR
            PIN-785689
            DISTRICT- SIBSAGAR
            ASSAM

Advocate for the Petitioner   : MR G J SHARMA

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                            ORDER

01-03-2021 Heard the learned counsel for the applicants/appellants. Also heard Mr. A. Begum, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1.

This application under Section 378(4) Cr.P.C., is preferred against the impugned Judgment and Order, dated 05.02.2020 passed by the learned Chief Judicial Magistrate First Class, Kamrup(M), at Guwahati, Assam, in CR Case No.

768c/2018 acquitting the accused-respondent no. 2 herein under Section 138 of the Negotiable Instruments Act, 1881.

Leave granted vide order dated 28.01.2021 passed in Crl. L.P. No. 44/2020.

The appeal is admitted.

Call for the LCR.

Notice is not required as in the Crl. L.P. No. 44/2020, notice was served and the learned counsel appeared for the private respondent no.2.

Steps be taken within 3 days.

A copy of the memo of appeal along with the document annexed thereto be furnished to the learned Addl.Public Prosecutor within 2(two) days.

List on 06.04.2020.

JUDGE

Comparing Assistant