Bokahola Tea Co. (P) Ltd vs Dhruba Borah
2021 Latest Caselaw 747 Gua

                                                                                                  Page No.# 1/2

GAHC010280012019




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

                                        Case No. : Crl.L.P./101/2019

               BOKAHOLA TEA CO. (P) LTD
               HAVING ITS REGD. OFFICE AT TARAJAN, A.T. ROAD, JORHAT, PIN- 78501.
               (BEING REP. BY SRI SRIMANTA BORA).



               VERSUS

               DHRUBA BORAH
               S/O- LATE KRISHNA BORA, R/O- JALUKONI BARI BALIJAN GAON, P.S.
               TITABOR, JORHAT, PIN- 785630.



Advocate for the Petitioner        : MR. S K GHOSH

Advocate for the Respondent :




                                       BEFORE
                         HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                                    ORDER

02.03.2021 Heard Ms. F. Ahmed, learned counsel for the petitioner.

Notice issued for service on the sole respondent, returned after service in presence of village headman. Also notice issued by registered A/D post, returned after service.

None represented the respondent today.

By this application, the applicant is seeking leave to prefer appeal against the judgment and order, dated Page No.# 2/2

04.09.2019, passed by the learned Addl. Chief Judicial Magistrate, Jorhat in C.R. case No. 49/2016 acquitting the respondent under Section 138 of the NI Act.

The applicant has stated that the learned trial Court committed apparent error in law and facts in acquitting the respondent by holding the erroneous opinion that the petitioner has failed to discharge the burden of proof regarding legally enforceable debt against the respondent for establishing the case under Section 138 of the NI Act. However, the applicant has stated that so far the law regarding NI Act is concerned, it is the burden upon the respondent to prove that he has not issued cheque in discharge of any legally enforceable debt and as such, the judgment passed by the learned trial Court is vitiated by relevant law and under other facts and circumstances averred in the appeal memo.

Having considered the above grounds cited in the application and on being satisfied that there is prima facie sufficient ground for adjudication against the order, the leave is hereby granted as prayed for.

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

With the above direction, the Crl. L.P stands disposed off.

JUDGE

Comparing Assistant