Orissa High Court
Bhubaneswari Sahu vs State Of Odisha & Another .... Opposite ... on 7 August, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.116 of 2025
Bhubaneswari Sahu .... Petitioner
Mr. Rajeswar Hota, Advocate
-Versus-
State of Odisha & another .... Opposite Parties
Mr. P.K. Ray, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
07.08.2025
Order No.
02. 1. Heard Mr. Hota, learned counsel for the petitioner.
2. No notice is issued to opposite party No.2 as the matter
is disposed of at the stage of admission.
3. Instant revision is filed by the petitioner challenging the
impugned order dated 10th December, 2024 as at Annexure-4
passed in connection with Crl. Appeal No.41 of 2024 of the
learned 2nd Additional Sessions Judge, Berhampur, whereby,
the appeal was dismissed for non-depositing statutory amount
as was directed.
4. Mr. Hota, learned counsel for the petitioner submits that
against the order of the Court in appeal directing the petitioner
to deposit an amount of 20% of the compensation amount,
CRLMC No.4039 of 2024 was filed and it was disposed of on
11th December, 2024, a copy of which is at Annexure-3,
allowing her to pay 10% instead, but before that, the learned
Court below disposed of Crl. Appeal No.41 of 2024 on the date
fixed i.e. 10th December, 2024 despite a request for an
adjournment moved in view of pendency of the CRLMC.
Under such circumstances, Mr. Hota, learned counsel submits
that the impugned order at Annexure-4 is liable to be interfered
with and set aside restoring the appeal for disposal in
accordance with law.
5. As it is revealed from the record, a complaint in I.C.C.
Case No.176 of 2022 was filed against the petitioner and it was
disposed of vide Annexure-1 convicting her for an offence
under Section 138 N.I. Act and to undergo a sentence of 6
months and compensation and it was challenged in Crl. Appeal
No.41 of 2024, wherein, a direction was issued to deposit 20%
of the compensation amount and in default, it was dismissed by
order dated 10th December, 2024 i.e. Annexure-4 before the
order of this Court in CRLMC No. 4039 of 2024 was received.
In fact, the challenge was to the quantum of compensation
directed by the learned court below as it was 20% of the
amount payable under Section 138 N.I. Act and reduced by this
Court to 10% while disposing of CRLMC No. 4039 of 2024
but the appeal was dismissed on 10th December, 2024 itself.
6. Considering the above facts and submission of Mr.
Hota, learned counsel for the petitioner and as the order of
court in appeal stood modified with the direction to the
petitioner to deposit 10% of the compensation amount as made
to reveal from the record and order of this Court in CRLMC
4039 of 2024, it is concluded that the appeal should be restored
to file for a decision on merit with 10% of the compensation
paid as the statutory deposit by the petitioner. Such is the view
of the Court in order to ensure the appeal and its disposal on
merit in view of order of conviction and sentence directed
against the petitioner by the court of 1st instance in I.C.C. Case
No.176 of 2022.
7. Accordingly, it is ordered.
8. In the result, the revision petition stands disposed of
with the direction to the learned 2nd Additional Sessions Judge,
Berhampur to receive 10% of the compensation amount
towards statutory deposit as has been allowed in CRLMC
No.4039 of 2024 i.e. Annexure-3 from the petitioner and
thereafter, to proceed to dispose of Crl. Appeal No.41 of 2024
as per and in accordance with law. As a necessary corollary, the
impugned order dated 10th December, 2024 at Annexure-4 is
hereby set aside with the direction as aforesaid. It is further
directed that since in view of the judgment in I.C.C. No.176 of
2022, the petitioner has been arrested in the meantime and as
the order under challenge i.e. Annexure-4 is set aside, she is
directed to be released on bail with suitable conditions by
learned J.M.F.C. (LR & LTV), Berhampur, Ganjam in
connection with I.C.C. Case No.176 of 2022 so as to enable her
to pursue the appeal after such release from judicial custody.
9. Issue urgent certified copy as per rules.
Reason: Authentication (R.K. Pattanaik)
Date: 08-Aug-2025 10:36:03 Judge
Alok
