Petitioner filed leave application u/s 378 CrPC to appeal acquittal of respondent. Counseled parties amicably settled and petitioner withdrew prayer. Court allowed prayer and disposed matter on withdrawal.
Prayer for withdrawal allowed. Leave application disposed of on withdrawal.
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GAHC010246322022
2026:GAU-AS:13680
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.L.P./64/2022
BIJOY KUMAR SINGH S/O SHEW PRASAN SINGH, R/O A.T. ROAD, HIJUGURI, P.O.- HIJUGURI, P.S. AND DIST.-- TINSUKIA, ASSAM.
VERSUS
STATE OF ASSAM AND ANR. REP. BY P.P.
2:BINOD GUPTA PROPRIETOR OF M/S MAA ELECTRICAL AND STEEL HOUSE S.R. LOHIA ROAD NEAR SONTOSHI MAA HOTEL
PERMANENT RESIDING AT CHIRWAPATTI NEAR KALI MANDIR ROAD P.S. P.O. AND DIST.- TINSUKIA ASSAM
Advocate for the Petitioner : MR. N C DAS,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 16-09-2026
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Heard Mr. N C Das, the learned counsel for the petitioner.
The present leave application was filed u/s 378(4) & (5) of the CrPC for filing an appeal challenging the impugned order dated 28.09.2022 passed by learned CJM, Tinsukia in N.I. Case No. 87/2021 acquitting the accused/respondent u/s 138 of the N.I Act.
The matter was fixed for admission hearing today but, it is submitted by Ms. Das that as per instructions of the petitioner as well as respondent, the matter is amicably settled between the parties and at present the petitioner has no grievance and prayed for withdraw of the same.
Considering the submission made by Mr. Das, prayer is allowed.
The matter is accordingly disposed of on withdrawal.
TCR be returned.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petition filed u/s 378 CrPC for leave to appeal can be allowed on withdrawal of the matter.
Whether the settlement between parties justifies the withdrawal of a leave petition challenging an acquittal.
1 provisions across 1 enactments
Bijoy Kumar Singh S/O Shew Prasan Singh
State of Assam
Binod Gupta Proprietor of M/S Maa Electrical and Steel House
Mitali Thakuria
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
