Joyshree Cement Industries vs Mahananda Das And Anr
2022 Latest Caselaw 2233 Gua

                                                         Page No.# 1/2

GAHC010193082021




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


                             Crl.L.P./10/2022

         JOYSHREE CEMENT INDUSTRIES
         A REGISTERED PARTNERSHIP FIRM
          HAVING ITS OFFICE SITUATED AT HOUSE NO. 62
          BYE LANE NO. 2
          ABC
          TARUN NAGAR
          G.S ROAD
          KAMRUP(M) ASSAM
          REPRESENTED BY ITS PARTNER DEEPAK KAYA



          VERSUS

         MAHANANDA DAS AND ANR.
         PROPRIETOR OF SHIV ENTERPRISE
         S/O GOBINDA DAS
         SAWKUCHI TINIALI
         LOKHRA
         GUWAHATI 34
         DIST KAMRUP M ASSAM

         2:STATE OF ASSAM
         REPRESENTED BY PP ASSAM
          ------------
         Advocate for : MR G KHANDELIA
         Advocate for : PP
         ASSAM appearing for MAHANANDA DAS AND ANR.
                                                                               Page No.# 2/2


                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                         ORDER

Date : 28.06.2022

Heard Mr. G Khandelia, learned counsel for the applicant as well as Mr. RP Singh, learned counsel appearing for the State/respondent No. 1. Also heard Mr. RJ Baruah, learned Addl.Public Prosecutor for the State respondent No. 2. By this application filed under Sections 378 (3) and 378 (4) of the CrPC, the applicant has prayed for leave of the Court to file appeal against the impugned Judgment and Order dated 04.09.2021 passed by the learned JMFC, Kamrup (M), Guwahati in connection with Complain Case No.3094 C/2017 whereby the respondent No. 1 has been acquitted of the charge u/s 138 of the NI Act.

Having heard the learned counsel for both sides and on perusal of the impugned Judgment and order as aforesaid along with the grounds cited in the accompanying appeal, this Court is of the considered opinion that there is scope for re-visiting the issues involved in the proceeding and accordingly to appraise the whole evidence, it is expedient in the interest of justice to accord leave to appeal against the said order of acquittal.

Accordingly, leave is hereby granted to the applicant to prefer appeal against the aforesaid Judgment and Order dated 04.09.2021 passed by the learned JMFC, Kamrup (M), Guwahati in connection with Complain Case No.3094 C/2017. The criminal leave petition stands disposed of.

Registry to register and list the accompanying appeal.

JUDGE

Comparing Assistant