Orissa High Court
Sanjaya Badhei vs Prasanna Sahu ... Opposite Party on 23 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.76 of 2025
Sanjaya Badhei ... Petitioner
Mr.R.D.Nayak, Advocate
-versus-
Prasanna Sahu ... Opposite Party
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 23.04.2025
01. I.A. No. 121 of 2025
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. The aforesaid Interlocutory Application stands
disposed of as not pressed.
CRLREV No. 76 of 2025
3. This criminal revision is directed against the
judgment dated 23.11.2025 passed by the learned
Sessions Judge, Sambalpur in Criminal Appeal No. 01 of
2024 confirming the conviction and sentence of the
revision-petitioner as recorded by the learned JMFC,
Sambalpur vide judgment dated 12.12.2023 in ICC Case
No. 423 of 2027(TR No. 356/2019) convicting the
revision-petitioner for commission of offence U/S. 138 of
NI Act and sentencing him to undergo Simple
Imprisonment for six months and to pay compensation of
Rs.1,00,000/- (Rupees One lakh) in default whereof, to
undergo Simple Imprisonment for a further period of
three months.
4. Heard, Mr. Radharaman Das Nayak, learned
counsel for the revision-petitioner and perused the
record.
5. Admit. Issue notice to OP through Speed
Post/Registered Post with AD by fixing a short
returnable date. Requisites for issuance of notice
against OP shall be filed within three working days.
6. The digitized/soft copy of the LCR/TCR be
called for from the learned trial Court.
7. List this matter on 18th June, 2025.
8. This is an application for stay realization of
compensation imposed on the revision-petitioner.
9. Heard, Mr. Radharaman Das Nayak, learned
counsel for the revision-petitioner and perused the
record.
10. Admittedly, the revision-petitioner has been
sentenced to undergo Simple Imprisonment for six
months and to pay compensation of Rs.1,00,000/-
(Rupees one Lakh) 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 the 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 438/442 of BNSS considers it in the interest
of justice to stay the realization of compensation of
Rs.1,00,000/- 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.
11. 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.
12. Heard, Mr. Radharaman Das Nayak, learned
counsel for the revision-petitioner and perused the
record.
13. 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 six months and to pay
compensation of Rs.1,00,000/- (Rupees One Lakh) in
default whereof, to undergo Simple Imprisonment for
three months. 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, but in view of the provisions of Sec.442 of
BNSS, this Court may in its discretion exercise any of
the powers conferred on a Court of Appeal by Sec.430
of BNSS which provides for suspension of sentence
pending revision and release the revision-petitioner on
bail.
14. In view of the above facts and taking into
account the materials placed on record, the revision-
petitioner is admitted to bail on such terms and
conditions as deems fit proper by the convicting Court
and his substantive sentence be accordingly
suspended.
15. The I.A. stands disposed of.
(G. Satapathy)
Judge
kishore
Signed by: KISHORE KUMAR SAHOO
Location: High Court of Orissa
Date: 24-Apr-2025 13:16:04
