Amiya Kalita Changmai vs The State Of Assam And Anr
2024 Latest Caselaw 5580 Gua

Gauhati High Court

Amiya Kalita Changmai vs The State Of Assam And Anr on 5 August, 2024

                                                                                  Page No.# 1/2

GAHC010005692024




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

                                    Case No. : Crl.A./212/2024

             AMIYA KALITA CHANGMAI
             W/O- SATYAJIT CHANGMAI, R/O- CHANGMAIGAON, P/O- BETBARI, P.S.-
             SIVASAGAR, DIST.- SIVASAGAR, ASSAM.



             VERSUS

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

             2:MONIKA GOGOI
             W/O- AMARJYOTI GOGOI
              R/O- KARIGAON-7
              P.O.- KONWARPUR
              P.S.- SIVASAGAR
              DIST.- SIVASAGAR
             ASSAM

Advocate for the Petitioner    : MR B SHARMA, MR S SHARMA

Advocate for the Respondent : PP, ASSAM,

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 05/08/2024

Heard Mr. B Sharma, learned counsel for the appellant and Ms. N Das, learned Additional Public Prosecutor, Assam for the State respondent No. 1.

Page No.# 2/2

The complainant as an appellant has preferred this appeal being aggrieved with the impugned judgment dated 03.10.2023 passed by the learned Chief Judicial Magistrate, Sivasagar in N.I. Case No. 59/2019 acquitting the accused/respondent No. 2 under Section 138 of the NI Act, 1881.

Appeal be admitted for hearing.

As Ms. N Das, learned Additional Public Prosecutor, Assam has accepted notice on behalf of the respondent No. 1, no formal notice need to be issued to the said respondent.

Appellant shall serve requisite extra copies of this criminal appeal along with the Annexures appended thereto to Ms. N Das, learned Additional Public Prosecutor, Assam on or before 08.08.2024, obtaining necessary acknowledgment from her in that regard.

Appellant shall take steps for service of notice on the acquitted accused/respondent No. 2 by registered post with A/D on or before 08.08.2024, providing its proper and correct address with requisite postal stamps.

Call for the scanned copy of the records of N.I. Case No. 59/2019, decided on 03.10.2023 from the Court of learned Chief Judicial Magistrate, Sivasagar.

List for orders after 6 (six) weeks.

JUDGE

Comparing Assistant