B.S.B. Co And Supplier vs The State Of Assam And Anr
2023 Latest Caselaw 4213 Gua

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GAHC010209072023




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

                                 Case No. : Crl.L.P./42/2023

            B.S.B. CO AND SUPPLIER
            REP. BY ITS PROPRIETOR SRI PINTU SEN, AGED 49 YEARS,
            S/O LATE PRABHAT CHANDRA SEN, SHIVA COMPLEX, NATUN BAZAR,
            BASISTHA ROAD, P.O.- BELTOLA, UNDER BASISTHA POLICE STATION,
            GUWAHATI, IN THE DIST. OF KAMRUP(M), ASSAM, PIN-


            VERSUS

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

            2:HARI PRASAD GUJJAR
             PROPRIETOR OF GUJAR FOODS AND BEVERAGES
             S/O LATE RAM KARAN GURJAR
             15TH MILE
             BYRINHAT
             P.O. AND P.S.- BYRNIHAT
             IN THE DISTRICT OF RI-BHOI
             MEGHALAYA
             PIN- 793101

Advocate for the Petitioner   : MR. P K ROYCHOUDHURY

Advocate for the Respondent : PP, ASSAM

             Linked Case :

            B S B CO AND SUPPLIER

             VERSUS

            THE STATE OF ASSAM AND ANR. H
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             ------------
             Advocate for : MR. P K ROYCHOUDHURY
             Advocate for : appearing for THE STATE OF ASSAM AND ANR. H



                                     BEFORE
                        HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                               ORDER

Date : 10.10.2023

Heard Mr. P. K. Roychoudhury, learned counsel for the applicant. Also heard Mr. K. K. Parasar, learned Addl. P. P. for the State respondent No.1.

This application u/s 378(4) Cr.P.C. is preferred by the applicant, B.S.B. Co & Supplier seeking leave to prefer an appeal against the judgment and order dated 19.8.2023, passed by the learned Session Judge, Kamrup (M) at Guwahati in Crl. Appl. No. 18/2022 .

It is to be noted that vide impugned order dated 19.8.2023, the learned Sessions Judge, Session Judge, Kamrup (M) at Guwahati has set aside the judgment and order dated 23.2.2023, in C.R.Case No. 6907C/2018, whereby the learned Court below has convicted the respondent No.2 u/s 138 N.I.Act, and sentenced him to suffer S.I. for eight months and also to pay a fine of Rs.4,60,000/- with default stipulation.

Perused the petition and the documents placed on record. Let notice be issued to the respondent no.2 returnable in four weeks. Steps be taken upon respondent No.2 by registered post with A/D and also by usual process within a week from today.

No formal notice is required to be issued to respondent No.1 since Mr. Parasar, learned Addl. P.P. has appeared and accepted notice. However extra requisite copy of the petition be furnished to him during the course of the day.

List the matter after four weeks.

JUDGE

Comparing Assistant