Sajan Kumar Dhanuka vs Subash Sharma
2023 Latest Caselaw 12868 Ori

                                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                 R.S.A. NO.87 OF 2022
                                   Sajan Kumar Dhanuka                  ....            Appellant
                                                                        Mr.A.P. Bose, Advocate
                                                             -versus-
                                   Subash Sharma                        ....          Respondent
                                                                                         -------
                                            CORAM:
                                           MR. JUSTICE D.DASH
                                                           ORDER

               Order No.                                  17.10.2023
                        05.        1.     This matter is taken up through hybrid arrangement
                                   (virtual/physical) mode.

2. Heard learned Counsel for the Appellant and on going through the judgments passed by the Courts below, the Appeal is admitted to answer the following substantial question of law:-

"Whether the Courts below taking the factum of issuance of cheque by the Defendant vide Ext.2 in favour of the Plaintiff which admittedly has been dis- honoured when the Plaintiff has not received any sum towards the said cheque are right in refusing to pass the decree for recovery of the said sum from the Defendant ?

3. Issue notice to the Respondent by Registered Post with AD. Steps be taken within a week hence. In that event, notice be issued fixing a short returnable date.

4. The matter be listed immediately after service of Signature Not Verified notice upon the Respondent. Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Location: OHC (D. Dash), Date: 19-Oct-2023 19:45:20 Judge.

Narayan