2 HIGH COURT OF TRIPURA AGARTALA Crl. L. P. No.11 of 2024 in Crl. A. No.19 of 2024 Indian Overseas Bank ---- Petitioner(s) Versus Sri Abhijit Debnath & Anr. ----Respondent(s) For Petitioner(s) : Mr. Soumen Saha, Adv. For Respondent(s) : Mr. Raju Datta, P.P., Mr. Rajib Saha, Addl. P.P., Mr. K. Deb, Adv. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 08/01/2025 Learned Counsel, Mr. Soumen Saha is present on behalf of the petitioner. Learned Counsel, Mr. K. Deb has appeared on behalf of the respondent-accused No.1. Learned P.P., Mr. Raju Datta along with Learned Addl. P.P., Mr. Rajib Saha has appeared on behalf of the proforma- respondent. The petitioner has preferred this appeal challenging the judgment and order dated 19.06.2024 delivered by Learned Additional CJM, West Tripura, Agartala in connection with case No. NI 141 of 2014 under Section 138 of NI Act. Along with the memo of appeal, another application under Section 378(4) of Cr.P.C. is filed for granting special leave to appeal. No objection is raised by the respondent-accused No.1 against the application for granting special leave to appeal. Taking part in the hearing, Learned Counsel for the petitioner drawn the attention of the Court that the Learned Trial 2 Court below failed to appreciate the evidence on record regarding authorization of power of attorney and also regarding the transaction occurred in between the parties under dispute and finally came to the conclusion that the complainant-petitioner has failed to prove the charge levelled against the respondent-accused No.1. So, Learned Counsel submitted that there are sufficient materials for proceeding in this case and accordingly, Learned Counsel urged for granting special leave to appeal. Learned Counsel for the respondent-accused fairly submitted that at this stage, the accused is not willing to submit any objection and also submitted that the appeal may be admitted for hearing. I have also perused the judgment dated 19.06.2024 delivered by Learned Additional CJM, West Tripura, Agartala in the aforenoted case bearing No. NI 141 of 2014 and on perusal of the judgment, being prima facie it appears that there are materials for proceeding in this case. Accordingly, the application for granting special leave to appeal is allowed. JUDGE Deepshikha MOUMITA DATTA Digitally signed by MOUMITA DATTA Date: 2025.01.08 15:52:04 -08'00'