M/S Mahabir Traders vs Deepak Goswami And Anr
2023 Latest Caselaw 1238 Gua

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GAHC010197602021




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

                                  Case No. : Crl.L.P./28/2022

            M/S MAHABIR TRADERS
            A PROPRIETOR FIRM HAVING ITS PLACE OF BUSINESS AT C/O MARBLE
            AND TILES SHOPPEE, NH 37, GORCHUK, PO GUWAHATI, 781028, KAMRUP
            M ASSAM
            REPRESENTED BY ITS PROPRIETOR SRI BABUL NATH, SON OF LATE
            NANDA RAM NATH, AGED ABOUT 50 YRS.



            VERSUS

            DEEPAK GOSWAMI AND ANR.
            S/O LATE NABIN GOSWAMI, RESIDENT OF B 204, SWAPNALAYA
            APARTMENT, NARIKOL BARI, ZOO NARENGI ROAD, PO GUWAHATI
            781024, KAMRUP M ASASM

            2:THE STATE OF ASSAM
             REPRESENTED BY PP ASSA

Advocate for the Petitioner   : MR J C GAUR

Advocate for the Respondent : PP, ASSAM
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                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                    ORDER

Date : 27-03-2023

Heard Mr. J. C. Gaur, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor dor the State respondent No.2.

This application is filed under Section 378 (4) of the Code of Criminal Procedure, 1973, praying for special leave to appeal against the acquittal in compliant case challenging the judgment & order dated 10.09.2021 passed in complaint case No.3167/2017, passed by the learned Judicial Magistrate, First Class, Guwahati.

Office note reveals that the service report upon the respondent No.1 is completed, but none represented on behalf of the said respondent.

The learned counsel for the petitioner, Mr. J. C. Gaur has submitted that the petitioner had filed a complaint case under Section 138 of N.I. Act against the respondent No.1 for his failure to pay the amount of dishonored cheque issued by him to petitioner. The learned Trial Court acquitted the respondent No.1 without considering the materials on record properly. Accordingly, the present petitioner had filed this leave petition challenging the order passed the learned trial Court Judicial Magistrate, 1st Class, Kamrup(M), Guwahati against the acquittal.

Considering the submissions made by the learned Advocates of both sides and also other aspect of the case, it is a fit case to allow the same.

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Leave granted.

The Registry is hereby directed to number the appeal.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant