M/S Gupta Hardware Pvt. Ltd vs The State Of Assam And 2 Ors
2022 Latest Caselaw 2889 Gua

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GAHC010022102016




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

                           Case No. : Crl.L.P./51/2016

         M/S GUPTA HARDWARE PVT. LTD.
         REPRESENTED BY ITS MANAGER, SRI MANAB LAHKAR, R/O
         DOWNTOWN, MATHURA NAGAR, DISPUR, GUWHATI 781006, DIST.
         KAMRUP M, ASSAM.



         VERSUS

         THE STATE OF ASSAM and 2 ORS,


         2:M/S MAGUA CONSTRUCTION PVT. LTD.
         A PVT. LTD. COMPANY
          REGISTERED UNDER THE COMPANIES ACT
          1956 AS AMENDED UPTO DATE AT ITS ADDRESS AT C/O HOUSE NO. 7
          GROUND FLOOR
         AMRABATI PATH
          CHRISTIANBASTI
          P.O. DISPUR
          S.O.
          P.S. BHANGAGARH
          GUWAHATI-6
          KAMRUP M
         ASSAM.

         3:ANUP KUMAR NATH @ A.K. NATH
          DIRECTOR
          M/S MAGUA CONSTRUCTION PVT. LTD. AT ITS ADDRESS AT C/O HOUSE
         NO. 7
          GROUND FLOOR
         AMRABATI PATH
          CHRISTIANBASTI
          P.O. DISPUR
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             S.O.
             P.S. BHANGAGARH
             GUWAHATI-6
             KAMRUP M
             ASSAM

Advocate for the Petitioner   : MR.M K NATH

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

10.08.2022 Heard the learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, State of Assam.

This is an application seeking leave to file appeal against the judgment and

order dated 08.04.2016 passed by the learned Judicial Magistrate 1 st Class, Kamrup (M), Assam under Section 138 of the N.I. Act, 1881 acquitting the

accused/respondent Nos. 2 and 3 being C.R. Case No. 2468 c/2010.

Office note dated 06.04.2022 reflects that in spite of this Court order dated 25.11.2019 and in spite of office note dated 02.04.2022, the petitioner has not taken steps for issuance of notice upon the respondent Nos. 2 and 3. However, the learned counsel for the petitioner submits that he may be granted a last chance to take necessary steps for issuance of notice upon the said respondents. Prayer is allowed.

The petitioner is to take steps for issuance of notice upon the respondent Nos. 2 and 3 in the present Criminal. L.P. No.51/2016, by 12.08.2022. If no such Page No.# 3/3

steps are taken within the said period, this Criminal L.P. should be treated as dismissed for want of steps without further reference to this Court.

List accordingly.

JUDGE

Comparing Assistant