Orissa High Court
Nesar Khan vs State Of Odisha & Another ... Opposite ... on 4 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.141 of 2025
Nesar Khan ... Petitioner
Mr.Md.G.Madani, Advocate
-versus-
State of Odisha & another ... Opposite Parties
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 04.04.2025
01. CRLREV No. 141 of 2025
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This criminal revision is directed against the
judgment dated 21.12.2024 passed by the learned
District & Sessions Judge, Bhadrak in Criminal Appeal No.
26 of 2024 confirming the conviction and sentence of the
revision-petitioner as recorded by the learned SDJM,
Bhadrak vide judgment dated 13.05.2024 in ICC Case No.
38 of 2024(TR No. 130/2024) convicting the revision-
petitioner for commission of offence U/S. 138 of NI Act
and sentencing him to undergo Simple Imprisonment for
one year and to pay compensation of Rs.8,70,000/-
(Rupees eight lakhs seventy thousand) in default
whereof, to undergo Simple Imprisonment for three
months.
3. Heard, Mr. G.Madani, learned counsel for the
revision-petitioner and perused the record.
4. Admit. Issue notice to OP No.2 through Speed
Post/Registered Post with AD by fixing a short
returnable date. Requisites for issuance of notice
against OP No.2 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.
7. This is an application for stay realization of
compensation imposed on the revision-petitioner.
8. Heard, Mr. G.Madani, learned counsel for the
revision-petitioner and perused the record.
9. Admittedly, the revision-petitioner has been
sentenced to undergo Simple Imprisonment for one year
and to pay compensation of Rs.8,70,000/- (Rupees eight
lakhs seventy thousand) in default whereof, to undergo
Simple Imprisonment for three months, 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, therefore, 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 realization of
compensation of Rs.8,70,000/- from the revision-
petitioner, subject to condition the revision-petitioner
depositing 20% of the compensation amount before the
learned convicting Court within 60 days hence.
It is, however, clarified that no coercive action
shall be taken against the revision-petitioner for 60 days
from today. Needless to say, the benefit of this order
shall not be extended to the revision-petitioner, if he fails
to deposit the amount as ordered within 60 days hence.
10. This is an application U/Ss. 438/442 of the BNSS
by the revision-petitioner for grant of bail pending
suspension of further execution of sentence till disposal of
the revision.
11. Heard, Mr. G.Madani, learned counsel for the
revision-petitioner and perused the record.
12. It appears from the record that the revision-
petitioner has been convicted for commission of offence
U/S. 138 of NI Act and he is accordingly sentenced to
undergo Simple Imprisonment for one year and to pay
compensation of Rs.8,70,000/- (Rupees eight lakhs
seventy thousand) in default whereof, to undergo Simple
Imprisonment for three months, but the revision-
petitioner was all along on bail during trial, however, the
learned trial Court has issued NBWA against the revision-
petitioner by way of an order passed on 23.12.2024 as
informed by the learned counsel for the revision-
petitioner. This Court, however, in exercise of power U/S.
148 of NI Act has provided the revision-petitioner to
deposit 20% of the compensation amount before the
convicting Court within 60 days hence as a condition
precedent for stay realization of compensation amount
from him.
13. In view of the above facts and taking into
consideration the fact that the revision-petitioner was
earlier on bail during trial, but as a part of execution of
sentence, the learned trial Court has already issued
NBWA, as an interim measure, this Court admits the
revision-petitioner to interim bail for 60 days.
Accordingly, the learned trial Court is requested to admit
the revision-petitioner to interim bail for a period of 60
days hence on such terms and conditions as deems fit
and proper by keeping the execution of NBWA in
abeyance.
(G. Satapathy)
Judge
kishore
Signed by: KISHORE KUMAR SAHOO
Location: High Court of Orissa
Date: 05-Apr-2025 17:59:05
