M/S Mahabir Traders vs Sri Deepak Goswami And Anr
2023 Latest Caselaw 1934 Gua

                                                                   Page No.# 1/3

GAHC010197582021




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

                                   Case No. : Crl.A./122/2023

            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, PHONE NO. 7578840935



            VERSUS

            SRI DEEPAK GOSWAMI AND ANR.
            REPRESENTED BY PP ASSAM

            2:THE STATE OF ASSAM
             REPRESENTED BY PP
            ASSA

Advocate for the Petitioner   : MR J C GAUR

Advocate for the Respondent : PP, ASSAM (R-2)




             Linked Case : 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
                                                                       Page No.# 2/3

          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 ASSAM
           ------------
          Advocate for : MR J C GAUR
          Advocate for : PP
          ASSAM appearing for DEEPAK GOSWAMI AND ANR.



                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 12.05. 2023 Heard Mr. J. C. Gaur, learned counsel for the appellant and Ms. SH Bora, learned Addl. Public Prosecutor for the State respondent No. 2.

This is an application under Section 378 (4) Cr.P.C., filed by the appellant against the judgment and order dated 10.09.2021, passed by the learned

Judicial Magistrate, First Class, Guwahati in Complaint Case No. 3167 C/ 2017.

The appeal is admitted for hearing.

Issue notice to the respondent No. 1.

The appellant shall take steps for service of notice upon the respondent Page No.# 3/3

No. 1 by registered post with A/D as well as usual process, returnable within 4 week.

Steps be taken within 7 days.

As Ms. SH Bora, learned Addl. PP has entered appearance and accepted notice on behalf of the State respondent No. 2, no formal notice is required to be served upon the said respondent No. 2. However, extra copy of the memo of appeal be furnished to the learned Addl. PP for the State respondent No. 2 during the course of the day.

List the matter after 4 weeks.

JUDGE

Comparing Assistant