Firoj Hussain Choudhury vs The State Of Assam And Anr
2022 Latest Caselaw 4668 Gua

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GAHC010256672019




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

                                   Case No. : Crl.A./305/2022

            FIROJ HUSSAIN CHOUDHURY
            S/O- LATE TAHER ALI CHOUDHURY, R/O- H/NO. 4, GROUND FLOOR,
            MILANPUR PATH, NEAR SHIV MANDIR, MILANPUR, CHANDMARI,
            GUWAHATI-3, P.S. CHANDMARI, DIST.- KAMRUP(M), ASSAM, PIN- 781003



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY P.P., ASSAM

            2:SRI JUGAL KUMAR SAIKIA
             S/O- LATE KAMAL CH. SAIKIA
             R/O- 316 ADHAR APARTMENT
             HATIGARH CHARALI
             GUWAHATI-24
             P.S. GEETANAGAR
             DIST.- KAMRUP(M)
            ASSAM
             PIN- 78102

Advocate for the Petitioner   : MR. U K BARMAN

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.L.P./94/2019

            FIROJ HUSSAIN CHOUDHURY
            S/O- LATE TAHER ALI CHOUDHURY
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          R/O- H/NO. 4
          GROUND FLOOR
          MILANPUR PATH
          NEAR SHIV MANDIR
          MILANPUR
          CHANDMARI
          GUWAHATI-3
          P.S. CHANDMARI
          DIST.- KAMRUP(M)
          ASSAM
          PIN- 781003.


          VERSUS

          THE STATE OF ASSAM AND ANR
          REP. BY P.P.
          ASSAM

          2:SRI JUGAL KUMAR SAIKIA
          S/O- LATE KAMAL CH. SAIKIA
           R/O- 316 ADHAR APARTMENT
           HATIGARH CHARIALI
           GUWAHATI-24
           P.S. GEETANAGAR
           DIST.- KAMRUP(M)
          ASSAM
           PIN- 781024.
           ------------
          Advocate for : MR. U K BARMAN
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                              BEFORE
                 HONOURABLE MRS. JUSTICE MALASRI NANDI

                                   ORDER

Date : 25.11.2022 Heard Mr. U.K. Barman, learned counsel for the appellant and Ms. B. Bhuyan, learned Addl. Public Prosecutor/ Sr. counsel, assisted by Mr. J. Das appearing for the State respondent No. 1.

This appeal under Section 378 of the Code of Criminal Procedure, 1973 has Page No.# 3/3

been filed against the judgment and order dated 08.08.2019, passed by the learned Judicial Magistrate, First Class, Kamrup (Metro), Guwahati in CR Case

No. 892c/2015 acquitting the respondent No. 2 under Section 138 of the Negotiable Instrument Act, 1881.

The appeal is admitted for hearing.

Call for the records.

Issue notice to the respondent No. 2.

The appellant shall take steps for service of notice upon the respondent No. 2 by registered post with A/D as well as usual process, returnable within 4 weeks.

Steps be taken within 7 days.

List the matter after 4 weeks.

JUDGE

Comparing Assistant