Himansu Roy vs Madhab Ranjan Panigrahi
2021 Latest Caselaw 12559 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                                CRLA No.652 of 2012

              Himansu Roy                            ....           Appellant

                                      Mr. R.C. Sarangi, Advocate

                              -versus-
              Madhab Ranjan Panigrahi ....                       Respondents



                                       CORAM:

                                 JUSTICE S.K. SAHOO
                                       ORDER

Order No. 06.12.2021

03. This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

In spite of the report of the S.R. dated 10.12.2012, no step has been taken for changing the nomenclature. The criminal appeal has been filed challenging the impugned judgment and order dated 18.10.2012 of the learned J.M.F.C., Bhubaneswar in I.C.C. Case No.1709 of 2007 in acquitting the respondent on the accusation under section 138 of the Negotiable Instrument Act.

Since the case arises out of a complaint petition, the office has pointed out that leave petition in the nomenclature of CRLLP should have been filed and therefore, the petitioner's counsel was required to file // 2 //

interim application for changing the nomenclature. This CRLA was filed on 26.11.2012 and when the same was listed on 10.12.2012, nobody appeared.

In view of passage of time since the date of passing of the impugned judgment and order of acquittal and since none appears for the learned counsel for the appellant, the CRLA stands dismissed for non-prosecution.

( S.K. Sahoo) Judge