Kamakhya Poly Industries vs Lal Babu Ramji
2023 Latest Caselaw 230 Gua

                                                                   Page No.# 1/2

GAHC010114132022




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

                               Case No. : Crl.L.P./35/2022

           KAMAKHYA POLY INDUSTRIES
           A PROPRIETORSHIP FIRM HAVING ITS REGISTERED OFFICE AT 2ND
           FLOOR, STEEL INDIA COMPLEX, S.J ROAD, ATHGAON, GUWAHATI 781001,
           REPRESENTED BY ITS AUTHORISED SIGNATORY SRI SANJEEV GARG,
           SON OF LATE S.N GARG



           VERSUS

           LAL BABU RAMJI
           PROPRIETOR OF ADABARI HARDWARE AND TILES, HAVING ITS SHOP AT
           ADABARI BUS STAND, NEAR SARAIGHAT HYNDAI CAR SHOWROOM,
           ADABARI, GUWAHATI 781014, PS JALUKBARI, KAMRUPM ASSAM



Advocate for the Petitioner : MR. D K KOTHARI
Advocate for the Respondent : MS R BARUAH

           Linked Case :
           KAMAKHYA POLY INDUSTRIES
           VERSUS
           LAL BABU RAMJI B
           ------------
           Advocate for : MR. D K KOTHARI
           Advocate for : appearing for LAL BABU RAMJI B


                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI


                                        ORDER

Page No.# 2/2

Date : 20.01.2023 Heard Mr. P. Das, learned counsel for the petitioner and Ms. R. Baruah, learned counsel for the sole respondent.

The petitioner has filed an application under Section 378(4) Cr.P.C. praying for granting leave to file criminal appeal against the judgment and order dated 07.04.2022, passed by the learned Magistrate, First Class, Kamrup (M),

Guwahati in Complaint Case No. 4123 c/2017 whereby the learned magistrate acquitted the respondent under Section 138 of the NI Act.

I have gone through the leave petition filed by the petitioner as well the judgment and order of the learned trial court passed in Complaint Case No.

4123c/2017.

The learned counsel for the respondent has made no objection on the prayer of the petitioner.

In view of the above, leave is granted.

The Registry is directed to register the connected criminal appeal and list it for admission.

The Leave petition is accordingly disposed of.

JUDGE

Comparing Assistant