Charulata Satpathy vs Pratap Kumar Kar
2023 Latest Caselaw 14766 Ori

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                 CRLREV No.562 of 2023

                                  Charulata Satpathy                       ....           Petitioner
                                                                          Mr. Abhishek Dash, Adv.
                                                               -versus-
                                  Pratap Kumar Kar                         .... Opposite Party(s)


                                           CORAM:
                                           DR. JUSTICE S.K. PANIGRAHI
                                                            ORDER

Order 16.11.2023 No.

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

2. In filing this CRLREV, the Petitioner being a member of

the SHG Group has challenged the judgment and order

dated 26.07.2023 passed by the learned Additional

District & Sessions Judge-cum-Special Judge (Vigilance),

Dhenkanal in Criminal Appeal No.13 of 2022.

3. Fact of the case in brevity remains:-

(i) The complainant / Petitioner is a member of the SHG

Group and the accused/Opposite Party is a close

acquaintance of the complainant. In order to meet his

financial requirement of a sum of Rs.60,000/- the accused

approached the complainant. Accordingly, the

complainant was agreed for such purpose and on Signature Not Verified Digitally Signed 10.01.2016 she paid the above amount to the Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

Date: 17-Nov-2023 19:46:25 P.T.O // 2 //

accused/Opposite Party but after executing an agreement

for such purpose in a stamp paper in presence of

witnesses. In the said agreement the accused agreed to

pay back the amount within three months. However, he

failed to pay back the amount after three months.

(ii) Therefore, the complainant approached the accused

to refund the amount. Accordingly, in order to repay the

said amount the accused gave the cheque bearing

No.010180 dated 07.06.2017 of the H.D.F.C. Bank,

Dhenkanal amounting to Rs.60,000/- The said cheque was

issued by the accused out of his Bank Account

No.19781530001314.

(iii) Though the complainant deposited the said cheque

in her Bank Account bearing No.197900101000496 at

Corporation Bank, Dhenkanal Branch, the said cheque

was dishonored and on 07.06.2017 the complainant was

intimated that the said account was closed. Therefore, the

complainant requested the accused to pay back the

money, but he refused to pay the same.

(iv) Accordingly, on 04.07.2017 the complainant sent a

legal notice on the service address of the accused, but the

same was returned unserved. The accused also sent

another legal notice on the permanent address of the Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

// 3 //

accused, which also returned with an endorsement that

the addressee has left the said residence long since.

(v) Therefore, on 01.10.2020 the complainant approached

the learned Additional Civil Judge-cum-J.M.F.C,

Dhenkanal with a petition under Section 138 of the N.I.

Act. The said petition was disposed of with the following

order:-

"Acting under section 255 (2) of the Criminal Procedure Code, accused is here by convicted for the offence punishable under section 138 of Negotiable Instrument Act and accused is sentenced to pay fine of Rs.1,20,000/- (Rupees One Lakh and Twenty Thousand only). In default thereof accused shall undergo simple imprisonment for the term of 4(Four) months. Acting under section 357(1)(b) of code of criminal procedure, it is ordered that, Rs.1,20,000/- (Rupees One Lakh and Twenty Thousand only), shall be paid to the complainant as compensation."

(vi) Thereafter, being aggrieved by the aforesaid order

the accused filed an appeal vide Criminal Appeal No.13

of 2022/Criminal Appeal No.03 of 2023 before the learned

Additional District & Sessions Judge-cum-Special Judge

(Vigilance), Dhenkanal, wherein the learned Additional

District & Sessions Judge-cum-Special Judge (Vigilance),

Dhenkanal while allowing the appeal, set aside the Signature Not Verified judgment of conviction and order sentence passed by the Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

// 4 //

learned Additional Civil Judge-cum-J.M.F.C, Dhenkanal.

Hence, this Criminal Revision.

4. Heard.

5. Admit.

6. Call for the L.C.R.

7. Issue notice to the Opposite Party by Registered

Post with A.D./Speed Post making it returnable by 5th

December, 2023. Requisites shall be filed within three

working days hence.

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

(Dr. S.K. Panigrahi) Judge

Ayaskanta

Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa