Debendranath Balabantaray vs M/S. Komal Enterprises
2023 Latest Caselaw 13597 Ori

                                               IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                            CRLREV No.443 of 2023


                                          Debendranath Balabantaray         ....           Petitioner
                                                                          Mr. Banshidhar Baug, Adv.
                                                                  -versus-
                                          M/s. Komal Enterprises,          ....       Opposite Party
                                          Jeypore
                                                                          Mr. B. N. Mohapatra, Adv.

                                                        CORAM:
                                                        DR. JUSTICE S.K. PANIGRAHI

                    Order                                           ORDER
                    No.                                            02.11.2023

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

2. Mr. B. N. Mohapatra, learned Advocate submits that he

has instruction to file Vakalatnama on behalf of the

Opposite Party/ complainant.

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

judgment dated 22.07.2023 passed by the learned

Sessions Judge, Koraput at Jeypore in Criminal Appeal

No.82 of 2022 confirming the judgment of conviction and

order of sentence dated 07.12.2022 passed by the learned

J.M.F.C., Jeypore in I.C.C. No.10 of 2007 convicting and

sentencing the Petitioner to undergo simple

imprisonment for 3(three) months for the offence under

Section 138 of the N.I. Act and to pay compensation of

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 //

Rs.4,20,000/- (Rupees Four Lakh Twenty Thousand) to

the Opposite Party/ complainant and in default of

payment of the compensation amount to undergo further

simple imprisonment for a period of 3 (three) months.

4. Learned counsel for the Petitioner submits that in this

case, the cheque amount is Rs.3,60,000/-. The trial court

has awarded compensation of Rs.4,20,000/- in favour of

the Opposite Party/ complainant. He further submits that

out of the compensation amount, the Petitioner has

deposited a sum of Rs.84,000/- vide Challan No.77/2022-

23 dated 16.01.2023 as per the order dated 23.12.2022

passed by the learned Sessions Judge, Koraput, Jeypore

and a sum of Rs.50,000/- as per the order dated 26.09.2023

passed by this Court before the trial court.

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

directed to approach the trial court for release of the

aforesaid amount deposited by the Petitioner within

seven day from today and in such event, the trial court

shall release the said amount in favour of the Opposite

Party. Rest of the compensation amount shall be

deposited by the Petitioner before the trial court within a

period of two months from today in two installments. On

depositing of the said amount by the Petitioner, the same

shall be disbursed to the Opposite Party by the trial court.

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 //

6. List this matter on 20th December, 2023.

7. Execution of sentence imposed by the trial court shall

be suspended till the next date.

( 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