Orissa High Court
Partha Sarathi Mohanty vs Madhusmita Mohanty .... Opposite Party ... on 4 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 1266 of 2025
Partha Sarathi Mohanty .... Petitioner(s)
Mr. B. Pujari, Advocate
-versus-
Madhusmita Mohanty .... Opposite Party (s)
CORAM:
JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 04.04.2025
01. 1. Heard.
2. The petitioner is an accused in ICC Case No. 95 of
2012/Trial No.2363 of 2022 instituted by the opposite
party against the petitioner for the alleged commission of
offence punishable under Section 138 of N.I. Act, pending
in the court of learned JMFC-1 (Cog. Taking), Cuttack.
3. The petitioner was subjected to the trial. The
learned JMFC-1 (Cog. Taking), Cuttack vide judgment
dated 14.11.2023 has convicted the petitioner for the
alleged commission of offence punishable under Section
138 of NI Act and sentenced him to pay compensation of
Rs.14,68,000/-, in default to undergo simple
imprisonment for one year. After the judgment of
conviction and sentence passed by the learned JMFC-1
(Cog. Taking), Cuttack on 14.11.2023, the petitioner on
30.11.2023 has made good the entire payment of
Rs.14,68,000/- to the opposite party and towards the
same the opposite party has also issued a receipt which
has been placed as Annexure-2 to the present petition.
When the petitioner was convicted, he had to
deposit Rs.1,00,000/- and also submitted his passport to
avail the bail. Since the petitioner has complied with the
judgment & order passed by the learned JMFC-1 (Cog.
Taking), Cuttack by paying the compensation amount, as
awarded by the trial court, he moved an application before
the learned JMFC-1 (Cog. Taking), Cuttack inter alia
stating that the compensation as awarded against him has
already been paid. Therefore, he sought release of
Rs.1,00,000/- which has been deposited before the court
while availing the bail. The said application has been
turned down by the impugned order dated 24.09.2024.
Hence, the petitioner has approached this Court against
the said order.
4. The fact remains that the petitioner has already
been convicted and sentenced by the court of learned
JMFC-1 (Cog. Taking), Cuttack in ICC Case No. 95 of
2012. Therefore, the inevitable conclusion is that the
petitioner needs to file an appeal against the conviction
order. At the same time, it is borne on record that the
compensation awarded against the petitioner by the trial
court has already been paid, which needs to be brought to
the notice of the Appellate court. Be that as it may, the
petitioner shall resort to the remedy available to him by
filing an Appeal and move a fresh application before the
appellate court inter alia making prayer for release of
Rs.1,00,000/- and the passport deposited before the trial
court while availing the bail. If the petitioner moved such
application as well as appeal, the same shall be considered
within a period of 15 days by the Appellate court. The
petitioner is also at liberty to move an application seeking
condonation of delay in filing the appeal in view of the
development which has unfolded after the conviction order
is passed. If such application is filed, the same shall also
be considered along with the appeal in the light of the
judgment of Hon'ble Supreme Court reported in (2010) 5
SCC 663, Damodar S. Prabhu Vs. Sayed Babalal H.
5. With the aforesaid observation and direction, the
CRLMC is disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa
