Sarat Barman vs The State Of Assam And Anr
2023 Latest Caselaw 2241 Gua

                                                                           Page No.# 1/2

GAHC010086722021




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

                                  Case No. : Crl.L.P./12/2021

             SARAT BARMAN
             S/O- LATE TARUN BARMAN, R/O- VILL.- BALIKARIA, P.O. BALIKARIA, P.S.
             AND DIST.- NALBARI, ASSAM, PIN- 781341.



             VERSUS

             THE STATE OF ASSAM AND ANR
             REP. BY THE PUBLIC PROSECUTOR, ASSAM

             2:RAGHAB BARMAN
              S/O- LATE NARAYAN CHANDRA BARMAN
              R/O- VILL.- RUPIA BATHAN
              P.O. CHAMATA
              P.S. BELSOR
              DIST.- NALBARI
             ASSAM
              PIN- 781306

Advocate for the Petitioner   : MR J KALITA

Advocate for the Respondent : PP, ASSAM



                                        BEFORE
                    HON'BLE MRS. JUSTICE MALASRI NANDI
                                          ORDER

29.05.2023 Heard Mr J Kalita, learned counsel for the petitioner and Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam/respondent No. 1. Also heard Mr M Page No.# 2/2

Sahewalla, learned counsel appearing on behalf of respondent No. 2. The petitioner has preferred this application under Section 378 (4) CrPC, seeking leave of this Court to file criminal appeal against the Judgment and Order dated 09.04.2021, passed by the learned CJM, Nalbari, Assam, in NI Case No. 152 of 2018, under Section 138 of the NI Act, whereby the respondent No. 2 was acquitted of the offences under Section 138 of the NI Act.

It is submitted by the learned counsel for the petitioner that he has mentioned the grounds taken by the learned Magistrate to acquit the accused/respondent in this petition. I have gone through the same as well as the leave petition. So, considering the submission of the learned counsel for the petitioner, the leave is granted to file criminal appeal against the order of acquittal, passed by the learned CJM, Nalbari.

Interlocutory Application stands disposed of. Registry is directed to register the criminal appeal and list the matter in the admission column.

JUDGE

Comparing Assistant