Puspanjali Padhy vs Neelamadhaba Mahapatra & .... Opposite ...
2023 Latest Caselaw 15687 Ori

Orissa High Court

Puspanjali Padhy vs Neelamadhaba Mahapatra & .... Opposite ... on 6 December, 2023

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                               CRLREV No.644 of 2023

                           Puspanjali Padhy                       ....           Petitioner(s)
                                                           Mr. Uma Charan Mishra, Adv.
                                                       -versus-
                          Neelamadhaba Mahapatra &      .... Opposite Party(s)
                          Anr.
                                           Mr. Dhananjaya Mund, AGA for O.P.2


                                      CORAM:
                                      DR. JUSTICE S.K. PANIGRAHI
                                                    ORDER

Order 06.12.2023 No.

01. 1. This matter is taken up through hybrid arrangement.

2. In filing this CRLREV, the Petitioner has not only challenged

the judgment and order dated 20.04.2023 passed in 1CC

No.154/2020, but has also challenged the order dated 05.10.2023

passed in Criminal Appeal No.27/2023.

3. Learned counsel for the Petitioner submits that challenging the

judgment and order dated 20.04.2023 passed in 1CC

No.154/2020, the Petitioner had filed an appeal under Section 374

of the Cr.P.C. before the appellate court vide Criminal Appeal

No.27/2023.

4. He further submits that by the judgment and order dated

20.04.2023 the Petitioner was not only convicted for the offence

Signed by: AYASKANTA JENA under Section 138 of the N.I. Act, but was also sentenced to pay a Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

// 2 //

fine of Rs.5,50,000/-. It was also directed therein that in case of

default in making payment of above fine, the Petitioner would

undergo simple imprisonment for three months.

5. At this juncture, learned counsel for the Petitioner submits

that due to some financial stringent on account of some medical

emergency, the Petitioner could not deposit 25% of the

compensation amount before the appellate court. Hence, the

appeal vide Criminal Appeal No.27/2023 has been dismissed.

6. Considering the above submission of learned counsel for the

Petitioner and looking to the financial stringency of the

Petitioner, this Court directs the Petitioner to deposit at least 20%

of the compensation amount i.e. Rs.1,10,000/- (Rupees One lakh

ten thousand only) along with an authenticated copy of this

order before the concerned appellate court within a period of

fifteen days hence and the appellate court is also directed to

accept the same and conclude the appeal proceeding afresh

within a period of three months thereafter.

7. It is further directed that no coercive action shall be taken

against the Petitioner till conclusion of the appeal proceeding.

8. This CRLREV stands disposed of with the above order.

(Dr. S.K. Panigrahi) Judge

Ayaskanta

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa