Orissa High Court
Manoj Kumar Nanda vs Lions Vocational Public School on 21 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.902 of 2025
Manoj Kumar Nanda ..... Petitioner
Represented By Adv. -
S.K. Pandia, Sr. Adv.
along with A.K. Dei,
Adv.
-versus-
Lions Vocational Public School, ..... Opp. Party
Balangir
Represented By Adv. -
Tirth Kumar Sahu, Adv.
for sole O.P.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
21.08.2025
Order No.
04. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard Sri S.K. Pandia, learned Senior Counsel for the
Petitioner as well as Mr. T.K. Sahu, learned counsel for the sole
Opp. Party. Perused the application as well as the prayer made
therein.
3. The present application has been filed at the instance of
the accused-petitioner thereby invoking the inherent jurisdiction
of this Court under Section 482 of the Cr.P.C. with a prayer to
set aside the order dated 20.01.2025 passed by the learned
S.D.J.M., Patnagarh in 1.C.C. Case No.14 of 2022.
4. By virtue of the impugned order dated 20.01.2025 at
Annexure-4 to the application, the learned S.D.J.M., Patnagarh
has directed the accused-petitioner to deposit interim
compensation of 20% in exercise of the power under Section
143-A of the N.I. Act. The sole contention of learned Senior
Counsel for the Petitioner is that while adjudicating the
application under Section 143-A of the N.I. Act and disposing of
the same vide order dated 20.01.2025, the learned trial court has
not taken note of the judgment of the Hon'ble Supreme Court in
Rakesh Ranjan Shrivastava vs. The State of Jharkhand & Anr.
(Criminal Appeal No.741 of 2024 decided on 15.03.2024). He
further contended that in the abovenoted judgment, the Hon'ble
Supreme Court has laid down the principles for the trial court to
deal with the applications filed under Section 143-A of the N.I.
Act for grant of interim compensation.
5. Learned counsel appearing for the Sole Opposite Party, in
reply, submitted that the judgment delivered by the Hon'ble
Supreme Court was never placed before the learned trial court,
therefore, the same has not been taken into consideration.
6. In view of the aforesaid position, this Court while setting
aside the impugned order dated 20.01.2025 passed in 1.C.C.
Case No.14 of 2022 remands the matter back to the learned trial
court to rehear the application under Section 143-A of the N.I.
Act filed by the Opposite Party-complainant after providing
opportunity to both sides. The aforesaid application shall be
disposed of by taking into consideration the judgment of the
Hon'ble Supreme Court in Rakesh Ranjan Shrivastava's case
(supra). Both sides are directed to appear before the learned trial
court on 08.09.2025 along with a copy of today's order. In such
eventuality, the learned trial court shall make every endeavour to
consider and dispose of the application within four weeks
thereafter. Further, the learned trial court is directed to consider
all points raised by both sides while considering the application
under Section 143-A of the N.I. Act.
7. With the aforesaid observations/ directions, the CRLMC
stands disposed of.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 25-Aug-2025 11:52:49
