Prasanta Kumar Das vs State Of Odisha
2023 Latest Caselaw 11894 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLMC No.4327 of 2023

    Prasanta Kumar Das                       ...                          Petitioner
                                                       Mr.Kumar Kashyap, Advocate

                                         Versus
    State of Odisha                         ...                        Opposite Party
                                                             Mr.S.S.Mohapatra, ASC

                   CORAM:
                      JUSTICE SAVITRI RATHO

                                        ORDER

Order No. 03.10.2023

01. (Through hybrid mode)

1. This application under Section 482 of Cr.P.C. has been filed by the

petitioner challenging the impugned order dated 25.07.2023 passed by

the learned S.D.J.M., Nilgiri in ICC Case No.42 of 2021 issuing N.B.W.

of arrest against the petitioner for his non-appearance on the date fixed

for pronouncement of judgment.

2. Due to non-appearance of the petitioner the judgment was kept in

sealed cover and the case was fixed to 14.08.2023 for his production.

3. Mr. Kashyap, learned counsel for the petitioner submits that the

petitioner is an accused in a case under Section 138 of the Negotiable

Instrument Act and by order dated 10.02.2022 his application under

Section 205 Cr.P.C. had been allowed and personal appearance has

been dispensed with. On 14.08.2023 when the case was posted for

// 2 //

judgment, on account of the ill-health, the petitioner could not appear on

the date fixed for pronouncement of judgment for which N.B.W. has

been issued against him. He further submits that the petitioner

undertakes to surrender in the learned Court below on any date fixed by

this Court for which the N.B.W. issued against him may be recalled.

4. Considering the above submissions and in view of the fact that the

personal appearance of the petitioner has been dispensed with during

trial and the petitioner is willing to surrender in the Court below, it is

directed that if the petitioner surrenders before the learned Court below

on or before 16.10.2023 before the learned S.D.J.M., Nilgiri, the learned

S.D.J.M. shall either pronounce the judgment on the said date or fix any

other short date for pronouncement of judgment. The N.B.W. issued

against the petitioner shall not be executed till 16.10.2023.

5. With the aforesaid observations and direction, the CRLMC is

disposed of.

6. Urgent certified copy of this order be granted as per rules.

............................

                                                                        (Savitri Ratho)
       Bichi                                                                   Judge


Signature Not Verified
Digitally Signed
Signed by: BICHITRANANDA SAHOO
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 05-Oct-2023 21:47:28