Citation : 2022 Latest Caselaw 2658 Gua
Judgement Date : 1 August, 2022
Page No.# 1/2
GAHC010193222019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.L.P./73/2019
SRI DEBASISH MAZUMDAR
S/O- HARIPADA MAZUMDAR, R/O- H/NO. 1, PURBANCHAL PATH NEAR E.G
NURSING HOME, NARENGI TINIALI, P.S. NOONMATI, GUWAHATI-26, DIST.-
KAMRUP(M), ASSAM.
VERSUS
N. R. CONSTRUCTION AND ANR
SITE OFFICE- JAYA NIWAS, PRAGATI NAGAR, LALGANESH, GUWAHATI-
781034.
2:SMTI. CHANDRANI CHANDA DAS
D/O- LATE KRIPESH CHANDRA DAS
R/O- JAYA NIWAS
FLAT NO. B-2
LAL GANESH
P.S. FATASIL AMBARI
DIST.- KAMRUP(M)
ASSA
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : MR. B BORAH
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BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 01.08.2022
Heard Mr. P Bora, learned counsel for the applicant and Mr. B Borah, learned counsel for the opposite parties.
By this application filed under Section 378 (3) and (4) of the CrPC, the applicant has prayed for leave of the Court to file appeal against the impugned Judgment and Order dated 29.06.2019 passed by the learned JMFC, Kamrup (M) at Guwahati in CR Case No. 756/2017 whereby the opposite parties have been acquitted of the offence under Section 138 of the NI Act.
Upon hearing learned counsel for both the sides and on perusal of the grounds cited in support of the appeal as contained in the accompanying appeal, this Court finds that there are some points to be adjudicated in the appeal. Accordingly, on being satisfied, the leave to file appeal is hereby granted as prayed for.
Registry to register the accompanying appeal and list the connected appeal for hearing.
The appellant shall furnish a copy of the petition along with the documents annexed therewith to the learned counsel for the respondents.
The criminal leave petition stands disposed of.
JUDGE
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