Ajaya Kumar [email protected] Biswal vs Manoranjan Srichandan
2023 Latest Caselaw 1725 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLMC No.4296 of 2022
            Ajaya Kumar [email protected] Biswal     ....             Petitioner
                                        Mr. Manas Kumar Chand, Advocate

                                         -Versus-

            Manoranjan Srichandan                    ....        Opposite Party


                          CORAM:
                          MR. JUSTICE R.K. PATTANAIK

                                          ORDER

23.02.2023

Order No.

04. 1. Heard Mr. Manas Kumar Chand, learned counsel for the petitioner.

2. Notice to the opposite party by Registered Post with AD making it returnable at an early date and for the said purpose, requisites shall be filed by the learned counsel for the petitioner within a week from today.

3. List on 16th March, 2023 awaiting appearance of the opposite party.

(R.K. Pattanaik) Judge I.A. No.3332 of 2022

1. Mr. Chand, learned counsel for the petitioner submits that the learned S.D.J.M., Khurdha could not have entertained the complaint in 1.C.C. Case No. 111 of 2021 due to absence of jurisdiction as the alleged cheque was presented before the Bank at Bhubaneswar for encashment by the opposite party- complainant. While contending so, Mr. Chand, learned counsel for the petitioner

refers to a judgment of this court in Narottam Bastia Vrs. State of Orissa and another in 2017 (II) OLR 767 to contend that the court at Bhubaneswar shall have the jurisdiction to deal with the complaint and not the learned S.D.J.M., Khurdha as in the present case.

2. With the above submission, it is prayed that the criminal proceeding pending before the learned J.M.F.C., Khurdha (at present) should be stayed as an interim measure.

3. Considering the above submission of Mr. Chand, learned counsel for the petitioner, this court directs that the proceeding in

1.C.C. Case No. 111 of 2021 pending in the file of learned J.M.F.C., Khurdha shall remain stayed till the next date.

4. List on the date fixed.

5. A certified copy of this order be granted in course of the day.

(R.K. Pattanaik) Judge Balaram