Sarada Prasana Parida vs Amar Bikash Mohapatra
2023 Latest Caselaw 5084 Ori

                                                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                                   CRLMC No.1508 of 2020

                                            Sarada Prasana Parida                     ....          Petitioner
                                                                                Mr. Arijeet Mishra, Advocate
                                                                         -versus-
                                            Amar Bikash Mohapatra                      ....     Opposite Party
                                                                                                       None

                                                             CORAM:
                                                             THE CHIEF JUSTICE

                                                                         ORDER

Order No. 03.05.2023

09. 1. None appears for the Opposite Party. It is seen that the cheque in question was issued on behalf of the partnership firm i.e., M/s. B.N. Parida and Co. of which the present Petitioner was the Managing Partner. However, in the complaint, the said firm has not been arrayed as an accused.

2. In view of the judgment of the Supreme Court in Pawan Kumar Goel v. State of U.P. (2023) 89 OCR (SC) 405, the complaint is not maintainable as such.

3. Consequently, ICC Case No.183 of 2017 pending in the court of JMFC (R), Cuttack and all proceedings consequent thereto qua the present Petitioner are hereby quashed.

4. The CRLMC is disposed of in the above terms. A copy of this order be sent to the concerned trial court forthwith.

(Dr. S. Muralidhar) Chief Justice

S.K. Guin Digitally signed by SUBASH KUMAR SUBASH KUMAR GUIN GUIN Date: 2023.05.04 10:38:13 +05'30'