[Cites 3, Cited by 0]
Gauhati High Court
M/S Gupta Hardware Pvt. Ltd vs The State Of Assam And 2 Ors on 2 December, 2025
Page No.# 1/4
GAHC010022102016
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.L.P./51/2016
M/S GUPTA HARDWARE PVT. LTD.
REPRESENTED BY ITS MANAGER, SRI MANAB LAHKAR, R/O
DOWNTOWN, MATHURA NAGAR, DISPUR, GUWHATI 781006, DIST.
KAMRUP M, ASSAM.
VERSUS
THE STATE OF ASSAM and 2 ORS,
2:M/S MAGUA CONSTRUCTION PVT. LTD.
A PVT. LTD. COMPANY
REGISTERED UNDER THE COMPANIES ACT
1956 AS AMENDED UPTO DATE AT ITS ADDRESS AT C/O HOUSE NO. 7
GROUND FLOOR
AMRABATI PATH
CHRISTIANBASTI
P.O. DISPUR
S.O.
P.S. BHANGAGARH
GUWAHATI-6
KAMRUP M
ASSAM.
3:ANUP KUMAR NATH @ A.K. NATH
DIRECTOR
M/S MAGUA CONSTRUCTION PVT. LTD. AT ITS ADDRESS AT C/O HOUSE
NO. 7
GROUND FLOOR
AMRABATI PATH
CHRISTIANBASTI
P.O. DISPUR
Page No.# 2/4
S.O.
P.S. BHANGAGARH
GUWAHATI-6
KAMRUP M
ASSAM
Advocate for the Petitioner : MR.M K NATH, MR. D KAKOTI,MR. C S RAY,MS.P
BURAGOHAIN
Advocate for the Respondent : PP, ASSAM,
Linked Case :
M/S GUPTA HARDWARE PVT LTD
VERSUS
THE STATE OF ASSAM and 2 ORS
------------
Advocate for : MR.M K NATH
Advocate for : appearing for THE STATE OF ASSAM and 2 ORS
BEFORE
HON'BLE MR. JUSTICE PRANJAL DAS
ORDER
02.12.2025
The leave applicant has filed another affidavit, stating about publication of
the notice in the English daily "North East Times", and prays for acceptance of
the same.
Page No.# 3/4
Prayer is allowed.
I have perused the affidavit and the paper notices.
Both the paper notices were stated to have been published on
11.11.2025. Sufficient time has elapsed. However, none has appeared on behalf
of the respondent nos. 2 and 3, who were the accused in the N.I. Act
proceeding, leading to their acquittal.
The instant proceeding arose out of an application under section 378(4) of
the Cr.P.C., seeking special leave as statutorily required to prefer an appeal
against judgment and order dated 08-04-2016 passed by the learned JMFC,
Kamrup (M) in C.R. Case No. 2468 c /2010, under Section 138 of the N.I. Act,
1881, whereby the respondents 2 and 3 as accused were acquitted,
It is stated and submitted that after initial deposition, the accused persons
were summoned and during the trial, the complaint side examined 1(one)
witness and there was no defence evidence. It is contended that the Magistrate
had proper jurisdiction to adjudicate the criminal litigation and conduct the trial
and that the accused were also sufficiently represented during such trial. It is
also contended in para-8 of the leave petition that the shifting of the burden of
proof to the complainant at one stage of the trial by the learned trial Court was
erroneous, leading to infirmity in the order of acquittal.
Upon perusing the materials and hearing the learned counsel Mr. M.J.
Hazarika - invoking the powers under Section 378(4) Cr.P.C (as it existed then),
the leave petitioner M/S Gupta Hardware Private Ltd. represented by its
Manager, Manab Lahkar is hereby granted leave to prefer the aforementioned
appeal against acquittal.
The instant leave petition stands allowed and disposed of on the aforesaid
terms.
Page No.# 4/4
Registry is directed to register the main appeal and list it for admission.
JUDGE
Comparing Assistant
