Orissa High Court
Suresh Kumar Pradhan @ vs Priya Ranjan Dash ... Opposite Party on 2 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.107 of 2025
Suresh Kumar Pradhan @ ... Petitioner
Suresh Pradhan
Mr.A.Mishra, Advocate
-versus-
Priya Ranjan Dash ... Opposite Party
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 02.04.2025
01. CRLREV No. 107 of 2025
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This criminal revision is directed against the
judgment dated 10.01.2025 passed by the learned Addl.
Sessions Judge-cum-Special Judge(Vigilance),
Bhawanipatna in Criminal Appeal No. 11/2 of 2022-23
confirming the conviction and sentence of the revision-
petitioner as recorded by the learned SDJM,
Bhawanipatna vide judgment dated 18.07.2022 in ICC
Case No. 20 of 2018(TR No. 358/2018) convicting the
revision-petitioner for commission of offence U/S. 138 of
NI Act and sentencing him to pay compensation of
Rs.10,00,000/- (Rupees Ten Lakhs) in default whereof, to
undergo Simple Imprisonment for six months.
3. Heard, Mr. Abhilash Mishra, learned counsel for
the revision-petitioner and perused the record.
4. Admit. Issue notice to opposite party through
Speed Post/Registered Post with AD by fixing a short
returnable date. Requisites for issuance of notice
against opposite party shall be filed within three
working days.
5. The digitized/soft copy of the LCR/TCR be
called for from the learned trial Court.
6. List this matter on 06.05.2025.
I.A. Nos. 154 & 155 of 2025
7. Although learned counsel for the revision-
petitioner has filed IA No. 155 of 2025 for grant of bail,
but the same being infructuous is disposed of accordingly.
However, the IA No. 155 of 2025 is taken up for
consideration.
8. Heard, Mr. Abhilash Mishra, learned counsel for
the revision-petitioner and perused the record.
9. Admittedly, the revision-petitioner has been
sentenced to pay compensation of Rs.10,00,000/- in
default whereof, to undergo Simple Imprisonment for six
months, but it is informed by Mr.Mishra that in the
meanwhile NBWA has been issued against the revision-
petitioner, however, fact remains that Sec. 148 of NI Act
provides powers to be exercised by the Appellate forum,
but Sec. 438 read with 442 of the BNSS prescribes that
power exercisable under Appellate jurisdiction can be
exercised in Revisional Jurisdiction and this Court in
exercise of power U/S. 148 of NI Act read with 442 of
BNSS considers it in the interest of justice to stay the
operation of the impugned judgment directing the
revision-petitioner to pay compensation of Rs.10,00,000/-
in default whereof, to undergo SI for six months, subject
to condition the revision-petitioner depositing 20% of the
compensation amount before the learned convicting Court
within 60 days hence. However, the NBWA may not be
executed for 60 days from today.
Needless to say, this order shall not remain
operative or valid, if the revision-petitioner fails to deposit
the aforesaid 20% of the compensation amount within 60
days hence.
(G. Satapathy)
Judge
kishore
Signed by: KISHORE KUMAR SAHOO
Location: High Court of Orissa
Date: 03-Apr-2025 18:49:36
