Bibhudutta Behura vs Ashis Mohanty
2023 Latest Caselaw 13595 Ori

                                               IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        CRLREV No.243 of 2023


                                          Bibhudutta Behura                    ....           Petitioner

                                                                                   Mr. Mahes Das, Adv.

                                                                   -versus-

                                          Ashis Mohanty                       ....       Opposite Party

                                                                               Mr. U. C. Behura, Adv.

                                                    CORAM:
                                                    DR. JUSTICE S.K. PANIGRAHI

                    Order                                           ORDER
                    No.                                            02.11.2023

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

2. In this CRLREV, the Petitioner/ convict challenges the

legality of the judgment dated 05.04.2023 passed by the

learned 2nd Additional Sessions Judge, Rourkela in

Criminal Appeal No.35 of 2018 confirming the judgment

of conviction and order of sentence dated 04.09.2018

passed by the learned Civil Judge-cum-J.M.F.C., Rourkela

in I.C.C. No.64 of 2011 convicting and sentencing him to

undergo simple imprisonment for 3(three) months for

commission of offence under Section 138 of the N.I. Act

and to pay compensation of Rs.65,000/- (Rupees Sixty-

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, ORISSA Date: 03-Nov-2023 19:48:55 // 2 //

Five Thousand) to the Opposite Party/ complainant and

in default of payment of the compensation amount to

undergo simple imprisonment for a period of one month.

3. Learned counsel for the Petitioner submits that in this

case, the cheque amount is Rs.50,000/-. The trial court has

awarded compensation of Rs.65,000/- in favour of the

Opposite Party/ complainant. He further submits that out

of the compensation amount, the Petitioner has deposited

a sum of Rs.25,000/- before the trial court. It is also

submitted that the Petitioner is ready and willing to pay

the rest of the compensation amount i.e. Rs.40,000/-.

4. Learned counsel for the Opposite Party/ complaint

concedes the submissions made by the learned counsel

for the Petitioner.

5. In such view of the matter, the Opposite Party/

complainant is directed to approach the trial court by

producing an authenticated copy of this order for release

of the aforesaid amount deposited by the Petitioner

within seven days from today and in such event, the trial

court shall release the said amount in favour of the

Opposite Party/ complainant. The Petitioner is also

directed to deposit the rest of the compensation amount

i.e. Rs.40,000/- before the trial court within a period of

one month from today. On depositing of the said amount

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, ORISSA Date: 03-Nov-2023 19:48:55 // 3 //

by the Petitioner, the same shall be disbursed to the

Opposite Party/ complainant by the trial court.

6. List this matter on 15.12.2023.

( Dr. S.K. Panigrahi) Judge B.Jhankar

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, ORISSA Date: 03-Nov-2023 19:48:55