Bimal Sen Deka v. Prafulla Chandra Bhuyan

ORDER

01.08.2024

¶1Heard learned counsel Mr. V. A. Chouwdhury for the applicant/complainant.

¶2This application has been filed by the applicant under Section 419(4) of the BNSS, 2023 challenging the Judgment and order dated 29.05.2024 passed by the Court of Additional Sessions Judge (FTC) No. 3, Kamrup

(M), Guwahati in Appeal No. 88/2019 acquitting the respondent Prafulla Chandra Bhuyan, by setting aside the Judgment and Order dated

24.04.2019 passed by the Judicial Magistrate First Class, Kamrup (M) in Complaint Case No. 861/2013 wherein the appellant was acquitted under Section 138 of the N.I. Act to undergo simple imprisonment for 8 months and to pay a compensation of Rs. 12,50,000/- with default stipulation.

¶3Section 419(4) of the BNSS, 2023 reads as follows :- "If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application, made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court."

¶4The application has been filed within the period of limitation. Page No.# 3/3 Therefore, application is allowed.

¶5Registry to register the connected appeal.

¶6In terms of the above observations, application is disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010149612024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./26/2024 BIMAL SEN DEKA S/O PRAFULLA SEN DEKA, R/O SANTIPATH, R.G. BARUAH ROAD, GUWAHATI- 24, KAMRUP (M), ASSAM. VERSUS PRAFULLA CHANDRA BHUYAN S/O LATE MAYARAM BHUYAN, R/O NO. 2 MADGHARIA, GUWAHATI- 20, P.S.- CHANMARI, KAMRUP (M), ASSAM. Advocate for the Petitioner : MR. A M BORA, MR. V A CHOWDHURY,MS. C CHOUDHURY Advocate for the Respondent : , Linked Case : BIMAL SEN DEKA VERSUS PRAFULLA CHANDRA BHUYA A Page No.# 2/3 ------------ Advocate for : MR. A M BORA Advocate for : appearing for PRAFULLA CHANDRA BHUYA A BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND