Santosh Kumar Patra vs Harekrishna Mahalik ..... Opposite ...
2025 Latest Caselaw 3429 Ori

Orissa High Court

Santosh Kumar Patra vs Harekrishna Mahalik ..... Opposite ... on 13 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLMC No.1834 of 2025
            Santosh Kumar Patra           .....      Petitioner
                                                             Represented By Adv. -
                                                             Sk. Zafarulla

                                          -versus-
            Harekrishna Mahalik                      .....         Opposite Party
                                                              Represented By Adv. -

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

                                         ORDER

13.08.2025

Order No.

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

2. Heard learned counsel for the petitioner. Perused the application.

3. The present application has been filed under Section 482 Cr.P.C. with a prayer to quash the order dated 27.03.2025 at Annexure-3.

4. Learned counsel for the Petitioner at the outset contended that by virtue of the impugned order the learned trial court has mechanically directed the petitioner to pay interim compensation 20% in exercise of the power conferred under Section 143(A) of the NI Act. In course of his argument, learned counsel for the Petitioner referred to the judgment dated 15.03.2024 of the Hon'ble Supreme Court in Rakesh Ranjan Shrivastava vs. State of Jharkhand and

another decided in Criminal Appeal No.741 of 2024 and submitted that the guidelines laid down by the Hon'ble Supreme Court have not been followed while passing the order dated 27.03.2025.

5. Taking into consideration the aforesaid position, this Court is of the view that the matter requires further consideration in presence of the Opposite Party.

6. Accordingly, Issue notice to the Opposite Party by Registered Post with A.D. by fixing a short returnable date. Requisites be filed within three working days.

7. List this matter in the week commencing 15th September, 2025.

8. As an interim measure it is directed that the order dated 27.03.2025 shall remain stayed till the next date.

( A.K. Mohapatra ) Judge Rubi