Kalinga Auto Centre Pvt. Ltd vs Pramod Kumar Singh
2023 Latest Caselaw 11685 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                               C.R.A. No. 236 of 1995

            Kalinga Auto Centre Pvt. Ltd.           ....           Appellant(s)
                                                                 None
                                        -versus-

            Pramod Kumar Singh                      ....         Respondent(s)
                                                                 None
                      CORAM:
                      JUSTICE ANANDA CHANDRA BEHERA
                                    ORDER

Order No.                          26.09.2023
   08.       1.     This matter is taken up through Hybrid Arrangement
             (Virtual/Physical) Mode.

2. This is an Appeal, which has been preferred by the Appellant- Company against the judgment of acquittal of the accused from an offence under Section 138 of the N.I. Act passed by the learned Judicial Magistrate First Class, Cuttack.

3. None appears from the side of the Appellant or from the side of the Respondent for hearing of this Appeal.

4. It is the settled propositions of law that, once a criminal Appeal is admitted; the same cannot be dismissed for non appearance of the Appellant. As this is an Appeal against the judgment of acquittal passed in a complaint case acquitting an accused from an offence under Section 138 of the N.I. Act and as per law the offence under Section 138 of the N.I. Act is meant for recovery of the money, which is civil in nature, for which, due to non appearance of either party in this Appeal for hearing of this Appeal, this Appeal is posted for

// 2 //

judgment as per law on merit on perusal of the materials available on Record.

(A.C. Behera) Judge Utkalika

Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK

Reason: Authentication Location: High Court of Orissa Date: 28-Sep-2023 11:55:22