Binod Bihari Pati vs ) State Of Odisha
2025 Latest Caselaw 3227 Ori

Orissa High Court

Binod Bihari Pati vs ) State Of Odisha on 7 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLMC No.3033 of 2025
            Binod Bihari Pati            .....       Appellant
                                                         Represented By Adv. -
                                                         Samarendra Mohanty

                                          -versus-
            1) State Of Odisha                  .....             Respondents
            2) Sasmita Patra                            Represented By Adv. -
                                                        Mr.U.R.Jena, AGA

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA
                                   ORDER

07.08.2025

Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

3. It is stated by the learned counsel for the Petitioner that the present case arises out of a proceeding under section 138 of the N.I.Act. It is further contended that during trial the personal appearance of the Petitioner was dispensed with under section 205 Cr.P.C. He further contended that the case was posted to 06.02.2025 for pronouncement of judgment. However, due to communication gap of the conducting counsel, the Petitioner could not know the aforesaid date and could not appear on the date of pronouncement of judgment. He further contended that the Petitioner is ready and willing to

appear before the court for pronouncement of judgment.

4. Taking into consideration the aforesaid submissions although this Court is of the view that the trial court has not committed any illegality, however, in the larger interests of justice and in order to provide another opportunity to the Petitioner, this Court deems it proper to set aside the order dated 06.02.2025 passed by the learned J.M.F.C.-II(CT), Cuttack in I.C.C.Case No. 55 of 2022, subject to payment of a cost of Rs.600/- (Rupees Six hundred) by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. Further, it is directed that the Petitioner shall appear before the learned J.M.F.C.-II(CT), Cuttack in I.C.C.Case No. 55 of 2022 within ten days from today along with a copy of today's order. In the event, the Petitioner makes any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner.

5. In such view of the matter, the CRLMC is allowed.

( A.K. Mohapatra) Judge

RKS

Designation: AR-CUM-Senior Secretary

Location: High Court of Orissa Date: 08-Aug-2025 17:22:24