Bijaya Kumar Nayak vs Biswajit Pothal
2022 Latest Caselaw 5013 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLREV No.275 of 2016

              Bijaya Kumar Nayak                  ....   Petitioner

                                 Mr. S. Mohanty, Advocate

                                       -versus-

              Biswajit Pothal                     ....   Opp. Party




                                  CORAM:
                             JUSTICE S.K. SAHOO
                                  ORDER

Order No. 22.09.2022

02. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard.

Admit.

Call for the trial Court record as well as the Appellate Court record.

( S.K. Sahoo) Judge

Misc. Case No.400 of 2016 & Misc. Case No.401 of 2016

03. Misc. Case No.401 of 2016 has been filed by the petitioner for stay realization of compensation amount passed in 1.C.C. Case No.32 of 2019 by the learned J.M.F.C., Jagatsinghpur.

Misc. Case No.400 of 2016 has been filed by the // 2 //

petitioner under section 389 of Cr.P.C. for grant of bail.

Heard.

The petitioner has been convicted under section 138 of the Negotiable Instrument Act (hereafter 'N.I. Act') and sentenced to undergo S.I. for six months and to pay a fine of Rs.10,000/- (ten thousand), in default of payment of fine to undergo further S.I. of six months by the learned J.M.F.C., Jagatsinghpur in 1.C.C. Case No.32 of 2009 and the learned Appellate Court confirmed the judgment and order of conviction passed by the learned trial Court in Criminal Appeal No.14 of 2010 as per impugned judgment and order dated 11.03.2016.

Perused the impugned judgments. Learned counsel for the petitioner submitted that the cheque amount in the case is Rs.2,37,429/- (rupees two lakhs thirty seven thousand four hundred twenty nine only) and the petitioner was on bail during trial as well as during pendency of the appeal and he has never misutilised his liberty while on bail and he has been taken to judicial custody and therefore, he may be granted bail.

Considering the submissions of learned counsel for the petitioner, the nature of evidence on record, the fact that the petitioner was on bail during trial as well as during pendency of the appeal, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail pending disposal of the revision on furnishing bail bond of Rs.5,000/- (rupees five thousand) with one local solvent surety for the like amount to the satisfaction of the

// 3 //

learned trial Court subject to further condition that the petitioner shall deposit 20% of the cheque amount in the learned trial Court. If the amount is deposited, the same shall be kept in any interest bearing scheme in any Nationalized Bank until further orders.

Both the Misc. Cases stand disposed of. Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge