Shri Asish Debnath vs Smt. Nabasree Banik Debnath And Anr
2025 Latest Caselaw 542 Tri

Tripura High Court

Shri Asish Debnath vs Smt. Nabasree Banik Debnath And Anr on 12 February, 2025

                                  Page 1 of 2


                        HIGH COURT OF TRIPURA
                                AGARTALA
                          Crl. L.P. No.18 of 2024
                          In Crl.A. No.29 of 2024
Shri Asish Debnath
                                                            ---Petitioner(s)
                           Versus
Smt. Nabasree Banik Debnath and Anr.
                                                          ----Respondent(s)

For Petitioner(s) : Ms. Ayantika Chakraborty, Adv. For Respondent(s) : Mr. Dhiman Gope, Adv.

Mr. Rajib Saha, Addl. P.P.

HON'BLE MR. JUSTICE BISWAJIT PALIT

Order 12/02/2025 Learned Counsel Ms. A. Chakraborty is present for the

appellant-petitioner.

Mr. Dhiman Gope, Learned counsel appears for the

respondent No.1 and Mr. Rajib Saha, Learned counsel appears for

the respondent No.2, i.e. State.

The appellant-petitioner has preferred an appeal challenging

the judgment and order of acquittal dated 27.08.2024 passed by

Learned CJM, Gomati, Tripura in connection with CR(NI) No.21 of

2020 and along with memo of appeal, another application under

Section 378(3) of Cr.P.C. for granting special leave to appeal is

filed.

Heard Learned counsel for the petitioner.

According to the petitioner before the Learned Trial Court the

appellant-complainant adduced witnesses, but the Learned Court

below has failed to appreciate the evidence on record and came to

an erroneous finding that Section 138 of NI Act was not made out

and acquitted the respondent from the charge of the case. It is

further submitted that the appellant-petitioner has got a prima

facie case and there is merit in the appeal. So Learned counsel

prayed for granting special leave to appeal.

Learned counsel for the private-respondent fairly submitted

that the appeal may be admitted for hearing. So considering all

the application for granting special leave to appeal under Section

378(3) of Cr.P.C. is hereby allowed.

Thus, this petition for granting special leave to appeal is

disposed of.

                                                                JUDGE





MOUMITA                     MOUMITA DATTA

DATTA                       01:26:40 +05'30'
Moumita