SHYAM AND SONS (HUF) Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. K. Agarwal, learned counsel for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State.

(2.) This criminal appeal has been preferred under Sec. 378 of the Code of Criminal Procedure, 1973, by the appellant, namely, Shyam and Sons (HUF) represented by its proprietor Karta Shyam Harlalka, impugning the order dtd. 16/2/2019 passed by learned Judicial Magistrate First Class, Kamrup, (Metro) in complaint Case No. 1963c/2018 whereby the complaint petition filed by the present appellant was dismissed for default and the respondent no. 2 was acquitted and was set at liberty.

(3.) The facts relevant for adjudication of this appeal, in brief are as follows: