Bhaskar Talukdar v. Syed Matiur Rahman

ORDER Date : 29 .08. 2024 Heard Mr. P. Kalita, learned counsel for the petitioner, Sri Bhaskar Talukdar, who has filed this leave petition under Section 378(4) of Cr.P.C. challenging the legality and validity of Page No.# 2/2 the impugned judgment and order dated 30.01.2021, passed by the learned SDJM, No. 1, Kamrup (M), Guwahati in C.R. Case No. 1946c/2013 under Section 138 of the N.I. Act, 1881 acquitting the accused/ respondent, Sayed Matiur Rahman on the charges under Section 138 of the N.I. Act. Also Mr. J. Das, learned legal aid counsel for the sole respondent, who has no objection. It is submitted on behalf of the applicant that the impugned judgment and order dated

30.01.2021 is perverse and the learned trial court has erred in law in acquitting the accused/ respondent. It is also submitted that the learned trial court has misinterpreted the evidence of PW Nos. 1, 2 and 3 as well as the exhibits submitted by the applicant/ complainant. The learned trial court has ignored that the signature of the respondent/ accused is admitted when his statement under Section 313 Cr.P.C.was taken that an amount of Rs. 10,00,000/- was due to the applicant. There is every possibility that this appeal may end in conviction. I have considered the submission at the bar with circumspection. I appears that appeal lies against the judgment and order. Leave petition is allowed. Registry is directed to register the appeal and list it accordingly. With the above observation, the leave petition is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010065972021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./9/2021 BHASKAR TALUKDAR S/O- DR. BIREN TALUKDAR @ DR. BIRENDRA NATH TALUKDAR, R/O- SANGHATI PATH, KAILASH NAGAR, BELTOLA, P.O. BELTOLA, P.S. HATIGAON, GUWAHATI-28, ASSAM. VERSUS SYED MATIUR RAHMAN S/O- TAHID ALI, R/O- C/O- SRI MANORANJAN BASUMATARY CHANDAN NAGAR, KERAKUCHI, P.O. SAOKUCHI, P.S. BASISTHA, DIST.- KAMRUP(M), GUWAHATI- 34. Advocate for the Petitioner : MR. P P DUTTA, MRS R KAKATI,MRS S GOSWAMI,MR P KALITA,MR B S DEKA,MR. A BORUA Advocate for the Respondent : MR J DAS, LEGAL AID COUNSEL, Linked Case : BHASKAR TALUKDAR VERSUS SYED MATIUR RAHMAN A ------------ Advocate for : MR. P P DUTTA Advocate for : appearing for SYED MATIUR RAHMAN A BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND