Shri. Balakrishna Panigrahy vs M/S. Sai Baba Beverages
2025 Latest Caselaw 5686 Ori

Orissa High Court

Shri. Balakrishna Panigrahy vs M/S. Sai Baba Beverages on 20 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLMC No.4883 of 2024

                 Shri. Balakrishna Panigrahy              .....              Petitioner
                                                                  Represented By Adv. -
                                                                  Tirth Kumar Sahu

                                               -versus-

                 M/s. Sai Baba Beverages,             .....           Opposite Parties
                 Cheap Type Market,
                 Sundargarh and another



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

                                             ORDER

20.08.2025 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner. Perused the application as well as the prayer made therein.

3. By filing the present application under Section 482 of Cr.P.C., the Petitioner seeks invocation of the inherent power of this Court to direct the learned 2nd Addl. Sessions Judge, Rourkela to dispose of Criminal Appeal No.48 of 2022 which arises out of judgment dated 09.12.2022 passed in 1CC No.320 of 2017 by the learned J.M.F.C., Rourkela as expeditiously as possible.

4. Learned counsel for the Petitioner at the outset contended that the present case arises out of a proceeding under Section 138 of N.I.

Act. He further submitted that in the trial the accused was found guilty and accordingly he has been convicted. Thereafter, the accused preferred an appeal before the learned 2nd Addl. Sessions Judge, Rourkela by filing the above noted Criminal Appeal. The grievance of the Petitioner in the present case is that although the appeal is pending since 2022, however, the same has not been disposed of even after expiry of several years in the meantime.

5. On a careful consideration of the prayer made by the counsel for the Petitioner, this Court is of the view that the Courts are burdened with heavy case load, therefore, it would not be fair to direct the Courts to hear and dispose of appeals within a stipulated period of time. However, taking into consideration the grievance of the Petitioner and the fact that the appeal is pending since 2022, this Court deems it proper to dispose of the present application with the observation that the learned trial Court shall do well to expedite the hearing of the appeal and make every endeavor to dispose of the same as expeditiously as possible, preferably within a period of four months.

6. With the aforesaid observation/direction, the CRLMC application stands disposed of.

                                                      ( Aditya Kumar Mohapatra )
                                                                 Judge

S.K. Rout





            Digitally Signed                                               Page 2 of 2.


            Location: High Court of Orissa, Cuttack
            Date: 21-Aug-2025 11:02:06