Narahari Rout vs Smt. Lopamudra Prakash And
2021 Latest Caselaw 11615 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                         CONTR No.07 of 2020

            Narahari Rout                          ....                Petitioner
                                                     Mr.A.P.Bose, Advocate


                                    Versus
            Smt. Lopamudra Prakash and             ....           Opp. Parties
            another


             CORAM:
                  JUSTICE SAVITRI RATHO
                                       ORDER

12.11.2021 Order No.

06. I.A. No.01 of 2021 & CONTR No.07 of 2020 This matter is taken up through hybrid mode. The aforesaid I.A. has been filed by the petitioner to extend the interim order dated 28.2.2020 passed in I.A.No.1 of 2020 and to stay further proceedings in Criminal Appeal No.04 of 2020 pending in the court of learned Addl. District and Sessions Judge, Jajpur Road till disposal of the case.

Vide order dated 07.10.2021 passed in Criminal Appeal No.4 of 2020, the learned Addl. Sessions Judge, Jajpur Road has passed the following orders:-

"On 26.02.2020, while allowing the prayer of the appellant for bail, he was directed to deposit 1/4th of the compensation amount awarded against him. In his petition dated 07.03.2020, the appellant prays for exemption to carry out the above direction.

This is one the ground that Hon'ble High Court by its order in CONTR no.07 of 2020 has kept the

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impugned judgment of conviction of the trial court in abeyance.

The respondent objected the above application.

The appellant preferred this appeal accepting the impugned judgment of conviction and assuming the same to be in force. The direction to the appellant in order no.3 dated 26.02.2020 to deposit 1/4th of the compensation amount is in accordance with the statutory provision u/s.148 of the N.I. Act. The appellant fails to show if the said order passed by this Court is contrary to any provision of law. For this there is no scope to recall or modify the same.

Hon'ble High Court by its order no.3 dated 28.02.20 passed in I.A.01/2020 had directed to keep the impugned judgment in abeyance till the next date. The case was next directed to be listed on 12.03.2020. There is no further order showing extension of the above interim order. In any case, Hon'ble Court has not stayed further proceeding of this appeal. Hence, the above petition of the appellant stands rejected."

Perusal of the said order reveals that as the order dated 28.2.2020 passed in I.A. No.1 of 2020 has not been extended, the learned court below has not extended the further proceedings in Criminal Appeal No.4 of 2020. The learned court below observed that since the Hon'ble Court has not stayed further proceeding of the appeal, the prayer of the petitioner to keep the order dated 26.2.2020 in abeyance is rejected.

Since the Criminal Revision No.29 of 2020 along with CONTR No.7 of 2020 are still pending, the order dated 28.2.2020 passed in I.A. No.1 of 2020 is extended till the next date.

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List this matter on 07.12.2021.

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

(Savitri Ratho) Judge

Bichi