Indian Overseas Bank vs Sri Abhijit Debnath & Anr
2025 Latest Caselaw 249 Tri

Tripura High Court

Indian Overseas Bank vs Sri Abhijit Debnath & Anr on 8 January, 2025

2

                    HIGH COURT OF TRIPURA
                          AGARTALA
       Crl. L. P. No.11 of 2024 in Crl. A. No.19 of 2024

Indian Overseas Bank
                                                          ---- Petitioner(s)
                                   Versus
Sri Abhijit Debnath & Anr.
                                                        ----Respondent(s)

For Petitioner(s) : Mr. Soumen Saha, Adv. For Respondent(s) : Mr. Raju Datta, P.P., Mr. Rajib Saha, Addl. P.P., Mr. K. Deb, Adv.

HON'BLE MR. JUSTICE BISWAJIT PALIT Order

08/01/2025

Learned Counsel, Mr. Soumen Saha is present on behalf of

the petitioner. Learned Counsel, Mr. K. Deb has appeared on

behalf of the respondent-accused No.1.

Learned P.P., Mr. Raju Datta along with Learned Addl. P.P.,

Mr. Rajib Saha has appeared on behalf of the proforma-

respondent.

The petitioner has preferred this appeal challenging the

judgment and order dated 19.06.2024 delivered by Learned

Additional CJM, West Tripura, Agartala in connection with case No.

NI 141 of 2014 under Section 138 of NI Act. Along with the memo

of appeal, another application under Section 378(4) of Cr.P.C. is

filed for granting special leave to appeal.

No objection is raised by the respondent-accused No.1

against the application for granting special leave to appeal.

Taking part in the hearing, Learned Counsel for the

petitioner drawn the attention of the Court that the Learned Trial

Court below failed to appreciate the evidence on record regarding

authorization of power of attorney and also regarding the

transaction occurred in between the parties under dispute and

finally came to the conclusion that the complainant-petitioner has

failed to prove the charge levelled against the respondent-accused

No.1. So, Learned Counsel submitted that there are sufficient

materials for proceeding in this case and accordingly, Learned

Counsel urged for granting special leave to appeal.

Learned Counsel for the respondent-accused fairly submitted

that at this stage, the accused is not willing to submit any

objection and also submitted that the appeal may be admitted for

hearing.

I have also perused the judgment dated 19.06.2024

delivered by Learned Additional CJM, West Tripura, Agartala in the

aforenoted case bearing No. NI 141 of 2014 and on perusal of the

judgment, being prima facie it appears that there are materials for

proceeding in this case.

Accordingly, the application for granting special leave to

appeal is allowed.

                                                                                   JUDGE





MOUMITA      MOUMITA DATTA

DATTA        -08'00'
Deepshikha