Page No.# 1/3 GAHC010129102024 2026:GAU-AS:8479 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.L.P./25/2024 HASMAT ALI S/O LATE SHAHU MIAH, VILL.- BHERALDI, P.O.- BHERALDI, P.S.- BARPETA, DIST.- BARPETA, ASSAM. VERSUS ALTAP HUSSAIN AND ANR. S/O SHUKUR ALI, VILL.- BHERALDI, P.O.- BHERALDI, P.S.- BARPETA, DIST.- BARPETA, ASSAM, PIN- 781309. 2:THE STATE OF ASSAM REP. BY P.P. ASSAM Advocate for the Petitioner : MR. I A HAZARIKA, B BARMAN,MR. H ALI Advocate for the Respondent : PP, ASSAM, MR. A K AZAD (R-1),MR M HUSSAIN(R-1),MR. N HAQUE(R-1) Linked Case : HASMAT ALI VERSUS ALTAP HUSSAIN AND ANR G ------------ Advocate for : MR. H ALI Advocate for : appearing for ALTAP HUSSAIN AND ANR G Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 15.06.2026. Heard Mr. H. Ali, learned counsel for the petitioner. Also heard Mr. N. Haque, learned counsel for the respondent No.1. This is an application under Section 378(3) of the CrPC, seeking leave for filing an appeal against the judgment and order dated 09.05.2024, passed by the learned Addl. CJM, Barpeta acquitting the respondent No.1 from the charge under Section 138 of the N.I. Act, being N.I. Case No.115/2019. It is submitted by Mr. A. Ali, learned counsel for the petitioner that without considering entire facts and circumstances as well as evidence on record, the learned Trial Court below has passed the order of acquittal for which the present petition has been filed seeking leave of this Court to file an appeal against the order of acquittal. Mr. N. Haque, the learned counsel for the respondent No.1 submitted in this regard that as the case is under the N.I. Act and the appellant is the victim/complainant of this case, there is no requirement of any leave under Section 378(3) of the CrPC, as prayed for and the victim/complainant has the right to file an appeal against the order of acquittal under Section 372 of the CrPC. In that regard he also relied on the decision of the Hon’ble Supreme Court in the case of M/s. Celestium Financial vs. A. Gnanasekaran Etc. reported in 2025 Page No.# 3/3 0 Supreme (SC) 941 and the decision of the Delhi High Court in the case of Jagdish Prasad vs. Hari Ram Agarwal in Crl.A.257/2017. Hearing the submission made by the learned counsel for both sides, it is seen that the present case is in regards to N.I. Act, wherein the respondent No.1 got the order of acquittal, vide judgment and order dated 09.05.2024, passed by the learned Addl. CJM, Barpeta. However, as the present applicant/appellant being the victim/complainant, there is no need of filing separate leave application for instituting an appeal against the order of acquittal, as per proviso under Section 372 of the CrPC. In view of this, the present Leave Petition is disposed of and the Registry is directed to register the connected appeal and list the same in due course. JUDGE Comparing Assistant