M/S Assam Trade And Agencies vs The State Of Assam And Anr
2023 Latest Caselaw 3690 Gua

                                                                   Page No.# 1/2

GAHC010195552023




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

                                  Case No. : Crl.L.P./39/2023


            M/S ASSAM TRADE AND AGENCIES
            REP. BY ITS PROPRIETOR, SRI DURGESH CHAND CHOUDHURY, S/O LATE
            RAM AVTAR CHOUDHURY,
            R/O ARYANECK LANE NO. II OF BARPETA ROAD TOWN, P.O. AND P.S.-
            BARPETA TOWN, DIST.- BARPETA, ASSAM.



            VERSUS

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

            2:BINOY BHUSAN DUTTA
             S/O LAKSHMI DUTTA

            R/O HOUSE NO. 10
            NEAR EURO KIDS
            K.R.C. ROAD
            KANAKLATA ROAD
            KUMARPARA
            P.O. AND P.S.- BHARALUMUKH
            GUWAHATI- 781009
            DIST.- KAMRUP (M)
            ASSAM


Advocate for the Petitioner   : MR. B J GHOSH

Advocate for the Respondent : PP, ASSAM
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                                     BEFORE
                        HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

13.09.2023

Heard Mr. B.J. Ghosh, learned counsel for the petitioner and also heard Mr. K.K. Parasar, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

This application, under Section 378(4) of the Code of Criminal Procedure, 1973, is preferred by petitioner, namely, M/s Assam Trade & Agencies, represented by its Proprietor, Shri Durgesh Chand Choudhury seeking leave to prefer an appeal. It is to be noted here that vide judgment and order dated 28.06.2023, the learned Chief Judicial Magistrate, Barpeta, in N.I. Case No.49/2016 under Section 138 of the N.I. Act has acquitted the respondent No.2 of this case.

Perused the petition and the documents placed on record.

Let notice be issued, returnable in 4(four) weeks.

Steps be taken upon the respondent No.2 by registered post and also by usual process within a week from today.

No formal notice is required to be issued to respondent No.1 since Mr. K.K. Parasar, learned Additional P.P. entered appearance and received notice. However, extra requisite copy of the petition be furnished to Mr. Parasar during the course of the day.

List after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant