B. Prasad Rao vs Nityananda Sahoo
2021 Latest Caselaw 12711 Ori

Citation : 2021 Latest Caselaw 12711 Ori
Judgement Date : 11 December, 2021

Orissa High Court

B. Prasad Rao vs Nityananda Sahoo on 11 December, 2021

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLREV No. 364 of 2021

                   B. Prasad Rao                             ....               Petitioner
                                                           Mr. B.B. Mishra-2, Advocate
                                                  -versus-
                   Nityananda Sahoo                           ....          Opposite Party
                                                                   Mr. K.K. Nayak, ASC

                            CORAM:
                            JUSTICE SAVITRI RATHO

Order No.                                    ORDER
                                            11.12.2021

03. The matter is taken up by hybrid mode.

Heard.

Issue notice.

Requisites for issuance of notice on sole Opposite Party by Registered Post / Speed Post with A.D shall be filed by 15.12.2021. Notice be issued making it returnable within four weeks.

Call for the soft copy/photocopy of the L.C.R. List this matter on 25.02.2022.

(Savitri Ratho) Judge I.A. No. 537 of 2021

04. Heard.

This I.A. has been filed for stay of payment of compensation amount.

The petitioner has been convicted for commission of offences under Section 138 of N.I. Act vide judgment dated 20.05.2016 by the learned J.M.F.C., Cuttack in I.C.C. No. 548/2009 (Trial No. 817/2015) directed to pay // 2 //

a sum of Rs.3,00,000/- to the complainant as compensation under Section 357 (3) Cr.P.C. within a period of 30 days from the date of the order and in default of such payment of compensation, to undergo simple imprisonment for six months. Learned 2nd Addl. Sessions Judge, Cuttack in Criminal Appeal No. 51 of 2016 has confirmed the conviction and sentence vide judgment and order dated 26.07.2021.

Perusal of the order dated 26.07.2021 of the learned 2nd Additional Sessions Judge, Cuttack reveals that he has further directed for release of the amount of Rs.60,000/- pledged before that Court in favour of the complainant by the court below.

Issue notice as above.

Accept one set of process fee.

The impugned order dated 26.07.2021 so far as it relates to release of the deposited amount of Rs.60,000/- shall remain stayed till the next date.

Urgent certified copy of this order be granted as per rules.

(Savitri Ratho) Judge

puspa