M/S. Santuka Associates Pvt. Ltd vs Bikash Chandra Sahoo
2023 Latest Caselaw 5776 Ori

                                             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                            CRLMC No.877 of 2021

                                       M/s. Santuka Associates Pvt. Ltd.,       ....           Petitioner
                                       Cuttack
                                                                 M/s. S. Lal and associates, Advocates
                                                                  -versus-
                                       Bikash Chandra Sahoo                     ....     Opposite Party
                                                                                                  None


                                                   CORAM:
                                                   THE CHIEF JUSTICE


                                                                    ORDER

Order No. 11.05.2023

04. 1. Despite valid service of notice, none appears on behalf of the Opposite Party.

2. It is seen that the cheque in question has been issued by one Subhasish Mohapatra and neither the Petitioner nor any of its officials are in any way involved in issuance of such cheque, which has been dishonoured. Further, in view of the judgment of the Supreme Court of India in Alka Khandu Avhad v. Amar Syamprasad Mishra AIR 2021 SC 1616, the complaint cannot be sustained in law.

3. On that short ground, the order of cognizance dated 2nd March, 2020 passed by the learned J.M.F.C. (Rural), Rourkela in 1. C.C. Case No.60 of 2018 and all proceedings consequent thereto as far as the present Petitioner is concerned are hereby quashed.

Signature Not Verified

Signed by: MRUTYUNJAYA PANDA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-May-2023 20:20:21

4. The petition is disposed of. A copy of this order be communicated to the concerned Court below forthwith. Issue an urgent certified copy of this order as per rules.

(Dr. S. Muralidhar) Chief Justice M. Panda

Signature Not Verified

Signed by: MRUTYUNJAYA PANDA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-May-2023 20:20:21