Smt. Suprava Sabat vs Ramakrishna Nayak
2021 Latest Caselaw 13034 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLREV No. 42 of 2021
                   Smt. Suprava Sabat                            ....            Petitioner
                                                                  Mr. G.N. Sahu, Advocate
                                                   -versus-
                   Ramakrishna Nayak                             ....          Opposite Party


                           CORAM:
                           JUSTICE SAVITRI RATHO

Order No.                              ORDER
                                      23.12.2021

09. The matter is taken up by hybrid mode.

Heard.

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

Call for the photocopy of the L.C.R.

List this matter on 10.02.2022.

(Savitri Ratho) Judge I.A. No. 55 of 2021

10. Heard.

This I.A. has been filed for releasing the petitioner on bail during pendency of this Criminal Revision.

The petitioner has been convicted for commission of offences under 138 of N.I. Act by the learned Special Judicial Magistrate, Berhampur in 1CC Case No. 534/2015 (Trial No. 419/2016) by judgment dated 02.05.2017 and sentenced to undergo S.I. for one year and to pay a fine of // 2 //

Rs.12,25,000/- only as compensation under Section 357(3) of Cr.P.C. to the complainant, in default to undergo S.I. for a period of six months with a direction for the sentences to run concurrently. This conviction and sentence have been confirmed by the learned 1st Additional Sessions Judge, Ganjam, Berhampur in Criminal Appeal No. 27 of 2017.

Mr. G.N. Sahu, learned counsel for the petitioner reiterates that while admitting the appeal, learned 1st Additional District & Sessions Judge, Berhampur in Criminal Appeal No. 27 of 2017 had directed the petitioner to deposit a sum of Rs.2,45,000/-. He further submits that he has obtained instruction that the petitioner has not deposited the said amount.

Perusal of the order dated 29.11.2021 reveals that this Court had directed for listing the matter on 08.12.2021 to enable learned counsel for the petitioner to obtain instruction and file an affidavit to that effect. Unfortunately, the noting regarding non-filing of the affidavit is not indicated by the Registry.

Considering the fact that the petitioner has been directed to pay a deposit of Rs.2,45,000/- while admitting the appeal and she has not deposited the same, it is directed that if the petitioner-Smt. Suprava Sabat surrenders before the learned trial court within a period of four weeks and deposits an amount of Rs.2,50,000/- before the learned Special Judicial Magistrate, Berhampur in 1CC Case No. 534/2015 (Trial No. 419/2016) within a period of four weeks, the N.B.W. issued against the petitioner shall be recalled, she shall be released on bail on such terms and conditions as deemed fit and proper by the concerned court, during pendency of the Criminal Revision.

The I.A. is disposed of.

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

(Savitri Ratho) Judge P.T.O.

// 3 //

I.A. No. 56 of 2021

10. Heard.

This is an application for stay.

If the petitioner deposits the amount of Rs.2,50,000/- (Rupees two lakhs fifty thousands only), there shall be stay of realization of deposit of the rest of the fine amount till disposal of the criminal revision.

The I.A. is disposed of.

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

(Savitri Ratho) Judge

puspa