Urmila Rath vs Prasant Kumar Nayak .... Opp. Party
2024 Latest Caselaw 17049 Ori

Orissa High Court

Urmila Rath vs Prasant Kumar Nayak .... Opp. Party on 22 November, 2024

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLMC No.2556 of 2024


             Urmila Rath                      ....    Petitioner
                                                   Mr. B.S. Das,
                                                   Advocate



                                   -versus-


             Prasant Kumar Nayak              .... Opp. Party




         CORAM:

                  JUSTICE SIBO SANKAR MISHRA

Order                              ORDER
 No.                             22.11.2024
 01.
        1.

The petitioner is aggrieved by the order dated 02.02.2024 passed by the learned J.M.F.C., Aul in

1.C.C. Case No.20 of 2022, whereby the learned J.M.F.C., Aul has directed the petitioner to pay 20% of the cheque amount as per the provision under Section 143-A of the N.I. Act.

2. Learned counsel for the petitioner has assailed the said order on the ground that the learned trial

Court has not taken into consideration all the factors required to be taken into account while deciding the application under Section 143-A of the N.I. Act. He has relied upon the judgment of the Hon'ble Supreme Court in the case of Rakesh Ranjan Shrivastava vs. The State of Jharkhand & another passed in Criminal Appeal No.741 of 2024 and submits that, while deciding an application under Section 143-A of the N.I. Act, the Court is required to take into consideration not only the prima facie case but also various factors like the nature of the transactions, the relationship between the parties, the financial condition of the petitioner etc. He has read out the impugned order. Perusal of the impugned order reveals that, all those factors have not been taken into consideration.

3. Be that as it may, I am not required to delving into the merits of the case at this stage. However, suffice it to say that the petitioner shall deposit 10% of the cheque amount and move an application before the learned trial Court, for variation of the order dated 02.02.2024. If such application is moved by the petitioner, the same shall be considered on the basis of the judgment of the Hon'ble Supreme Court in the case of Rakesh Ranjan Shrivastava (supra) as cited above.

4. With the aforementioned observation, the CRLMC is disposed of.

(S.S. Mishra) Judge Subhasis

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 26-Nov-2024 20:04:35