Amiya Kumar Swain vs Pankaj Kumar Singh
2021 Latest Caselaw 12712 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLLP No. 114 of 2016

              Amiya Kumar Swain                  ....      Petitioner

                                   Mrs. Padmaja Pattnaik,
                                   Advocate

                                 -versus-
              1. Pankaj Kumar Singh       ....           Opp. Parties
              2. State of Odisha

                                   Mr. R. Tripathy
                                   Addl. Standing Counsel
                                   Mr. Pranab Mishra, Advocate for
                                   opposite party no.1

                                 CORAM:
                             JUSTICE S.K. SAHOO
                                    ORDER

Order No. 11.12.2021

16. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Heard Mrs. Padmaja Pattnaik, learned counsel for the petitioner and Mr. Pranab Mishra, learned counsel appearing for the opposite party no.1.

This leave petition has been filed by the petitioner Amiya Kumar Swain, who was the complainant in ICC Case No.112 of 2009 and in the said complaint case, the opposite party no.1 Pankaj Kumar Singh faced trial for commission of offence under section 138 of the Negotiable Instruments Act // 2 //

and he was found guilty of such offence and sentenced to undergo S.I. for a period of one year and to pay a compensation of Rs.4,50,000/- (rupees four lakhs fifty thousand), in default of payment of compensation amount, to undergo further S.I. for a period of three months.

An appeal was filed by the opposite party no.1 Pankaj Kumar Singh in the Court of Session, which was registered as Criminal Appeal No.11 of 2014 and the learned 1st Additional Sessions Judge, Rourkela on hearing the criminal appeal has been pleased to allow the appeal as per the impugned judgment and order dated 30.01.2015 and set aside the judgment and order of conviction dated 06.05.2014 by the learned J.M.F.C., Rourkela.

This leave petition has been filed challenging the order of acquittal of the opposite party no.1 Pankaj Kumar Singh by the Appellate Court seeking for leave to file an appeal against the order of acquittal.

The opposite party no.1 has already entered appearance in the case on being noticed as per order dated 02.01.2017 through Advocate and he submits that he has no objection, if the leave is granted.

In view of such submission, leave is granted. Learned counsel for the petitioner shall file the appeal memo within a period of two weeks from

// 3 //

today, whereafter the appeal be placed for admission.

Accordingly, the CRLLP is disposed of. Urgent certified copy of this order be granted on proper application.

                                      ( S.K. Sahoo)
RKM                                       Judge