MATA/9/2012
2021 Latest Caselaw 272 Ori

                                            MATA No.9 of 2012




                                 MATA No.9 of 2012 and I.A. No.33 of 2019.
23.     07.01.2021          This matter is taken up through video conferencing mode
                     because of COVID-19 pandemic.
                           Heard Mr. Dilip Ray, the learned counsel for the appellant
                     and Mr. J. K. Mishra-2, the learned counsel for the sole
                     respondent.
                           In course of hearing, it transpires that the appellant was
                     prosecuted for a criminal offence on the complaint lodged by the
                     respondent. In that case he has been acquitted. The order of
                     acquittal has been passed by the learned J.M.F.C., Soro in C.T.
                     Case No.454 of 2008/Trl. No.329 of 2009 on 07.11.2012 that is
                     after the pronouncement of the judgment in the civil proceeding
                     on 24.12.2011.
                           Learned counsel for the appellant submits that this
                     judgment may be accepted as additional evidence. However, the
                     certified copy of the judgment has not been produced before us.
                           Learned counsel for the appellant is therefore directed to
                     file the aforesaid application along with copy of the said judgment
                     passed by the learned J.M.F.C., Soro in the aforesaid case, so that
                     the matter can be taken into consideration.
                           Moreover, an affidavit has been filed by the respondent on
                     15.12.2019, regarding the honorarium fees received along with a
                     certificate issued by the C.D.P.O., Simulia.
                           The learned counsel for the respondent is directed to obtain
                     instruction and file latest honorarium certificate/pay certificate
                     issued by the C.D.P.O., Simulia to her and the learned counsel for
                     the appellant is also directed to file the latest pay slip/pay
                     particulars of the appellant on the next date.
                           List this matter on 21.01.2021.
      Prasant
                                                         ........................
                                                         S.K.Mishra, J.

........................ Savitri Ratho, J.