Manik Ch Das vs Chandan Kumar Dey
2025 Latest Caselaw 2641 Gua

Gauhati High Court

Manik Ch Das vs Chandan Kumar Dey on 11 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                     Page No.# 1/2

GAHC010099962024




                                                              undefined

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

                                  Case No. : Crl.A./48/2025

            MANIK CH DAS
            S/O - LT. KEDAR CH. DAS
            R/O - BIR CHILARAI PATH, GOALPARA TOWN,
            PO/PS - GOALPARA
            DIST. - GOALPARA, ASSAM



            VERSUS

            CHANDAN KUMAR DEY
            S/O - LT. KANAILAL DEY
            R/O - AMBARI AMOLAPATTI (NEAR KASHIMITRA POND), GOALPARA
            TOWN,
            PO/PS - GOALPARA
            DIST. - GOALPARA, ASSAM



Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR S A BARBHUYAN,SAMIM
RAHMAN,MS SURAYA RAHMAN,MR. SURAJIT DAS,MR A W AMAN

Advocate for the Respondent : ,




                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

11.08.2025

Heard Mr. S. Nawaz, learned counsel for the appellant.

Page No.# 2/2

The instant appeal under Section 378[4] of Code of Criminal Procedure, 1973 [presently, Section 419(4) of Bharatiya Nagarik Suraksha Sanhita, 2023] is preferred against a Judgment dated 22.03.2024 passed by the Court of Chief Judicial Magistrate, Goalpara ['the Trial Court'] in N.I. Case no. 06/2018. In N.I. Case no. 06/2018, the appellant was the complainant who instituted the complaint under Section 138 of the Negotiable Instrument Act, 1881, as amended. The Trial Court, by the Judgment dated 22.03.2024, has acquitted the respondent herein, who was arrayed as the accused therein.

The Special Leave to Appeal has already been granted by an Order dated 07.02.2025 by this Court in Criminal Leave Petition no. 17/2024.

I have gone through the grounds urged in the memorandum of appeal. The criminal appeal is admitted for hearing.

Let the case records of N.I. Case no. 06/2018 be called for. Issue notice, returnable in 4 [four] weeks.

The petitioner shall take steps for service of notice upon the respondent by registered post with A/D as well as by usual process.

List the case after 4 [four] weeks.

JUDGE

Comparing Assistant