Sangram Keshari vs Hexagon Infrastructures .... Opposite
2025 Latest Caselaw 5721 Ori

Orissa High Court

Sangram Keshari vs Hexagon Infrastructures .... Opposite on 21 August, 2025

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           TRPCRL No.53 of 2025

                 Sangram Keshari                      ....          Petitioner
                 Routray
                                         Mr. S.P. Pattanayak, Advocate

                                     -versus-
                 Hexagon Infrastructures ....                        Opposite
                 Pvt. Ltd, Cuttack & anr.                           Parties

                                               Mr. S.K. Parida, Advocate

                 CORAM: JUSTICE SANJAY KUMAR MISHRA

                                        ORDER

21.08.2025 Order No.

02. This matter is taken up through hybrid mode.

2. Pursuant to order dated 15.07.2025, being noticed, the Opposite Parties have rendered appearance through Mr. S.K. Parida, learned Counsel, who prays for an adjournment to file Objection to the transfer petition.

3. However, a prayer has been made by the Petitioner, who is complainant in 1CC No.173 of 2024 to transfer the said case, pending in Court of learned Judge, JMFC-II, Cuttack to the Court of learned JMFC- IV, Bhubaneswar on the ground that learned Counsel for the Petitioner has wrongly filed the said case at Cuttack, though the cause of action to file such case under Section 138 of the N.I. Act, 1881 arose at Bhubaneswar.

4. However, in view of the recent judgment delivered by this Court, reported in 2025 LiveLaw (Ori) 101 (Sangram Keshari Routray Vs. Hexagon Infrastructures Private Ltd., Cuttack and another), the transfer petition is taken up for hearing and disposal at the stage of admission.

5. In view of the provisions enshrined under Section 224 of the B.N.S.S., 2023, which is pari materia to Section 201 of Cr.P.C., 1973, this Court is of the view that the Petitioner, who is the complainant in 1.C.C. Case No.173 of 2024, ought to have moved before the learned J.M.F.C-II, Cuttack to return the complaint with proper endorsement, enabling the Petitioner to re- file the same before the learned J.M.F.C-IV, Bhubaneswar, instead of preferring the present transfer petition under Section 447 of the B.N.S.S. 2023. A similar view was taken by this Court in the case of Sangram Keshari Routray (supra).

6. Accordingly, the present transfer petition stands disposed of giving liberty to the Petitioner to move an application before the learned J.M.F.C-II, Cuttack in

1.C.C. Case No.173 of 2024 for return of the said complaint enabling him to re-file the same before the learned J.M.F.C-IV, Bhubaneswar.

7. It is made clear that, if such an application is moved, the learned J.M.F.C-II, Cuttack shall do well to return the Complaint to the Petitioner-Complainant forthwith with proper endorsement, in terms of provisions enshrined under section 224(a) of the

B.N.S.S, to enable the Petitioner to re-file the said complaint case before learned J.M.F.C-IV, Bhubaneswar to try the said complaint case.

8. Urgent certified copy of this order be granted on proper application.

(S.K. MISHRA) JUDGE Banita

Signed by: BANITA PRIYADARSHINI PALEI

Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-Aug-2025 14:47:09