Gauhati High Court
I.A.(Crl.)/820/2026 of SAHIDUL ALAM MAZUMDER Vs NAIMUL ISLAM BARBHUIYA, on 13 August 2026
GAHC010167372026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/820/2026 SAHIDUL ALAM MAZUMDER S/O LATE MOINUL HOQUE MAZUMDER RESIDENT OF VILLAGE BORORAMPUR P.O. DALU P.S. BORKHOLA DIST. CACHAR ASSAM PIN 788011. VERSUS NAIMUL
GAHC010167372026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/820/2026
SAHIDUL ALAM MAZUMDER
S/O LATE MOINUL HOQUE MAZUMDER
RESIDENT OF VILLAGE BORORAMPUR
P.O. DALU
P.S. BORKHOLA
DIST. CACHAR
ASSAM
PIN 788011.
VERSUS
NAIMUL ISLAM BARBHUIYA
S/O ABDUL MANNAN BARBHUIYA
RESIDENT OF VILLAGE SEWTI PART-I
P.O. BEHARA BAZAR
P.S. KALAIN
DIST. CACHAR
ASSAM
PIN 788817.
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Advocate for : MR. H A LASKAR
Advocate for : appearing for NAIMUL ISLAM BARBHUIYA
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
Date : 14.08.2026
Heard Mr. S.B. Laskar, learned counsel for the applicant
2. This application, under Section 419(4) of the BNSS, 2023, is preferred by the applicant seeking special leave to appeal against the order dated 10.06.2026, passed by the learned Additional Chief Judicial Magistrate, Cachar, Silchar, in N.I. Case No. 288/2023.
3. Mr. Laskar, learned counsel for the applicant submits that the applicant had filed one N.I. case, being N.I. Case No. 288/2023, before the learned Additional Chief Judicial Magistrate, Cachar, Silchar (‘trial Court’, for short), but vide impugned order dated 10.06.2026, the learned trial Court had acquitted the opposite party herein of the offence punishable under Section 138 of the N.I. Act. Mr. Laskar also submits that the applicant is willing to file an appeal before this Court, challenging the order of acquittal dated 10.06.2026, and as such, he prays for granting leave of this Court to prefer the appeal.
4. Having heard the submission of Mr. Laskar, learned counsel for the applicant, and also considering the facts and circumstances on the record and the grounds taken for preferring the appeal, this Court is inclined to allow this application.
5. Accordingly, the applicant is granted leave to prefer an appeal against the impugned order dated 10.06.2026.
6. In terms of above, this I.A. stands disposed of.
JUDGE Comparing Assistant