Jyoti Ranjan Kar vs Minaketan Mohapatra ..... Opp. Parties
2025 Latest Caselaw 7512 Ori

Orissa High Court

Jyoti Ranjan Kar vs Minaketan Mohapatra ..... Opp. Parties on 24 April, 2025

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLMC No. 2900 of 2024

Jyoti Ranjan Kar                            .....                          Petitioners
                                                            Mr. S. P. Dash, Advocate
                                        -versus-
Minaketan Mohapatra                        .....                          Opp. Parties
                                                            Mr. G. P. Jena, Advocate


            CORAM:
                  HON'BLE MISS JUSTICE SAVITRI RATHO

                                               ORDER

24.04.2025 Order No. (Through hybrid mode)

06.

1. This CRLMC has been filed to set aside the criminal

proceeding as well as the order dated 15.05.2024 passed in 1CC

Case No. 51 of 2024 by the learned JMFC, Soro taking cognizance

of the offences under Section 138 of the N.I. Act against the

petitioner.

2. Apart from other submissions Mr. S. P. Dash, learned counsel

for the petitioner submits that since Soro P.S. Case No. 224 of 2024

registered for commission of offences punishable under Section 420,

422, 468 of the IPC was pending against the present petitioner- Jyoti

Ranjan Kar in exercise of the provisions of Section 210 of the

Cr.P.C., the learned Magistrate should have stayed the

proceedings/trial of the case and called for the record in the other

case, so that both the cases could have been tried together.

3. Mr. G. P. Jena, learned counsel for the Opp. Party opposes the

said submission stating that the police case relates to different

offences for which the ingredients / provisions of Section 210 of the

Cr.P.C. are not attracted. On the other hand, the contentions of the

petitioner can be a defence plea for the accused during trial.

4. Hearing is concluded.

5. Judgment is reserved.

(Savitri Ratho) Judge Subhalaxmi

Signed by: SUBHALAXMI PRIYADARSHANI

Reason: Authentication Location: Orissa High Court, Cuttack Date: 25-Apr-2025 10:54:03