Allowed

Sri Birendra Poddar v. Sri Ashish Madani

Gauhati HC1 Mar 2019Crl.L.P./15/2019

Case brief

AI extract

What is this about?

The Gauhati High Court granted leave to the complainant-petitioner to prefer an appeal against the acquittal of the respondent by Sessions Judge Kamrup, as there were sufficient grounds regarding error in law concerning a negotiable instruments presumption.

What did the court decide?

Leave to prefer appeal granted; petition disposed of with direction to register and list the appeal after two weeks.

Sri Birendra Poddar Vs Sri Ashish Madani — Cheque Dishonour | Gauhati HC (2019)

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GAHC010044152019

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THE GAUHATI HIGH COURT

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

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Case No. : Crl.L.P. 15/2019

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1:SRI BIRENDRA PODDAR

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S/O LATE DIP NARAYAN PODDAR,

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R/O GANESHGURI, R.P ROAD. PO AND PS DISPUR, GUWAHATI 781006, DIST KARMUP M ASSAM

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VERSUS

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1:SRI ASHISH MADANI

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S/O SRI PREM KUMAR MADANI,

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C/O BALAJI POINT, ATHGAON, PO AND PS BHARALUMUKH, GUWAHATI 781009, DIST KAMRUP M ASSAM

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Advocate for the Petitioner : MR A K RAI

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Advocate for the Respondent :

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 01-03-2019

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Heard learned counsel for the petitioner.

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By way of this application u/s 378(3) read with Section 378(4) of the Code of

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Criminal Procedure, the petitioner who is the complainant in the CR Case No. 1855c/13 has sought for leave to prefer the appeal against the order passed by learned Sessions Judge, Kamrup (M), Guwahati in Crl Appeal No. 27/18 whereby

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Page No.# 2/2

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the learned appellate Court setting aside the order of conviction that was passed by

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the learned trial Court, has acquitted the accused.

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I have considered the submission of learned counsel for the petitioner and gone through the impugned judgment and order.

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It has been contended by learned counsel for the petitioner that learned appellate Court has acquitted the accused person on wrong notion of law raising the issue of legally enforceable debt on the part of the respondent without considering the legal presumption of Section 139 of the NI Act which is in favour of the complainant and there is any rebuttal evidence.

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Having regard to the submission made by learned counsel for the petitioner and matters on record, it can be inferred that the petitioner has a good ground to prefer the appeal, as sought for.

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Accordingly petitioner is granted leave to prefer the appeal against the impugned order of learned Sessions Judge.

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Present petition stands disposed of with a direction to the Registry to register the appeal and list the same after 2 (two) weeks.

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JUDGE

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Comparing Assistant

Sri Birendra Poddar v. Sri Ashish Madani

Case brief

What is this about?

What did the court decide?

Sri Birendra Poddar v. Sri Ashish Madani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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