Orissa High Court
Akshaya Kumar Kar vs Purna Chandra Nayak .... Opposite Party on 7 August, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.69 of 2024
Akshaya Kumar Kar .... Petitioner
Mr. Arun Kumar Acharya, Advocate
-Versus-
Purna Chandra Nayak .... Opposite Party
None
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
07.08.2025
I.A. No.150 of 2024
Order No.
02. 1. Heard Mr. Acharya, learned counsel for the petitioner.
2. Instant I.A. is filed under Section 5 of Limitation Act
seeking condonation of delay in presenting the revision before
this Court.
3. A delay of 197 days is reported as per the S.R.
4. Recorded the submission of Mr. Acharya, learned
counsel for the petitioner and to satisfy the delay, the
explanation offered by the petitioner and accepting the same,
the Court is inclined and in favour of condoning the same in the
interest of justice, since the revision is filed against the
impugned judgment in Criminal Appeal No.28 of 2009
confirming the order of conviction and sentence besides fine
awarded in connection with 1.C.C. Case No.322 of 2008.
5. Accordingly, it is ordered.
6. The I.A. stands allowed with the delay being condoned.
(R.K. Pattanaik)
(Judge)
03. 1. Heard Mr. Acharya, learned counsel for the petitioner.
2. This Court by order dated 23rd October, 2024 had
issued notice to the opposite party but as on date, the requisites
for issuance of such notice have not been filed and received.
Mr. Acharya, learned counsel for the petitioner undertakes to
file the requisites within seven days from today. In the event,
the requisites are filed and received as per the above assurance,
notice shall be issued to the opposite party forthwith in
compliance of the order dated 23rd October, 2024.
3. List on 11th September, 2025 for hearing and orders.
(R.K. Pattanaik)
(Judge)
I.A. No.151 and 152 of 2024
04. 1. Heard.
2. Instant I.As are filed seeking release of the petitioner on
bail and to stay realization of the fine amount awarded against
him by the court of 1st instance.
3. Today, in course of hearing, Mr. Acharya, learned
counsel for the petitioner filed an affidavit sworn by the father
of the petitioner along with an extract of the order dated 4 th
August, 2025 of learned S.D.J.M., Bhadrak regarding the arrest
of the petitioner upon execution of the NBWA issued against
him, in the meantime. It is submitted that the petitioner is ready
and willing to clear the cheque amount of Rs.28,330/- and
compensation for an amount of Rs.4,000/- dispensing with the
fine of Rs.5000/- ordered by the learned J.M.F.C. Bhadrak.
4. Considering the facts pleaded in the supplementary
affidavit filed today in Court, accepted and taken on record and
since the petitioner is inclined to deposit the total amount of
Rs.32,330/- including compensation, the Court is of the view
that he should be allowed to go on bail with suitable conditions
further staying realization of the fine amount, as an interim
measure.
5. Accordingly, it is ordered.
6. Consequently, the petitioner is directed to be released
on bail in connection with 1.C.C. Case No.322 of 2008 (Trial
No.111 of 2009) subject to deposit of Rs.32,330/- (includes the
cheque bounce amount and compensation) before the learned
Court below at the time release to be kept in a Fixed Deposit
with any Nationalized Bank on such terms renewable from time
to time. It is further directed that the fine amount as has been
awarded shall not be recovered from the petitioner, till the next
date awaiting response of the opposite party.
7. List on the date fixed for further orders.
8. Issue urgent certified copy of this order as per rules and
in course of the day.
(R.K. Pattanaik)
(Judge)
Balaram
Designation: Personal Assistant
