Page No.# 1/2 GAHC010075432026 2026:GAU-AS:5733 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./11/2026 MADHURJYA PHUKAN S/O LATE DR. KABINDRA NATH PHUKAN, R/O NIRJAN PATH, AMOLAPATTY CHARIALI, P.O. AND P.S. DIBRUGARH, ASSAM 782003 VERSUS DEBAJIT HANDIQUE S/O LT. H. HANDIQUE, PRESENTLY RESIDING AT BAMPOTHAR VILL. RAJABHETA, P.S. AND DIST. DIBRUGARH, ASSAM 786004 PROPRIETOR OF M/S D.H. POWERLINE, HAVING ITS PLACE OF BUSINESS AT NATUN GAON, P.O.MOHANAGHAT, P.S. AND DIST. DIBRUGARH, ASSAM 786008 Advocate for the Petitioner : MR G ALAM, MR S R A NASER,S K SARFRAJ KARIM,MR. H ROHMAN,MR. A PHUKAN Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27.04.2026 Learned Counsel Mr. A.Phukan is present for the applicant Madhurjya Phukan who has filed this application under Section 419(4) of the BNSS, 2023 seeking leave of this Court to prefer the connected Criminal appeal against the Page No.# 2/2 Judgment and Order dated 09.02.2026 passed by the learned JMFC, Dibrugarh in NI Case No.02M/2017. 2. The applicant is aggrieved by the impugned order as no defence evidence was laid to rebut the presumption under Section 139 of the NI Act. The applicant has been highly prejudiced as complaint brought up against the respondent has been dismissed. 3. I have considered the submissions. 4. Section 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." 5. The application has been filed within the period of limitation. Therefore, the leave application is allowed. 6. Registry to register the connected appeal. 7. In terms of the above observations, application is disposed of. JUDGE Comparing Assistant