Citation : 2025 Latest Caselaw 6448 Ori
Judgement Date : 25 August, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.462 of 2025
Bisikesan Sahu .... Petitioner
Mr. N. Lenka, Advocate
-Versus-
The Mayurbhanj Central .... Opposite Party
Cooperative Bank Ltd.,
represented through its Manager,
At. Baripada, Mayurbhanj
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
25.08.2025 Order No.
01. 1. Heard Mr. Lenka, learned counsel for the petitioner.
2. Instant revision is filed by the petitioner assailing the impugned judgments at Annexures-1 and 2.
3. The petitioner has been convicted and directed to undergo sentence of one year and pay compensation of Rs.4,08,000/-. Mr. Lenka, learned counsel for the petitioner submits that the petitioner defaulted in paying the instalments to the opposite party and the alleged cheque received as security was presented for encashment and as a result, it stood dishonoured, the complaint was filed with a delay condoned in absence of the petitioner.
4. Having regard to the fact that there has been concurrent findings of the learned courts below, recording the submission of Mr. Lenka, learned counsel that the alleged cheque was for security purpose, in order to ascertain the correctness of the above claim, the Court is inclined to direct issuance of notice to the opposite party for a reply and response.
5. Hence, it is ordered.
6. Notice to the opposite party by Registered Post with AD returnable at an early date and for the said purpose, requisites shall be filed by Mr. Lenka, learned counsel for the petitioner within seven working days.
7. List on 24th September, 2025 for final orders.
(R.K. Pattanaik) Judge
02. 1. Heard.
2. Instant petition is filed for appropriate orders.
3. Recorded the submission of Mr. Lenka, learned counsel for the petitioner that the filing of the certified copy of the order of conviction and sentence in ICC Case No.90 of 2021 is already complied with.
4. As a result, the IA is disposed of.
(R.K. Pattanaik) Judge
I.A. Nos.675 and 677 of 2025
03. 1. Heard.
2. Instant IAs are filed seeking release of the petitioner on bail and stay realization of the fine amount awarded and confirmed in Criminal Appeal No.55 of 2024.
3. This Court, as an interim measure, directs release of the petitioner on bail in ICC Case No.90 of 2021 subject to condition imposed by the learned J.M.F.C., Baripada and the same time, stays realization of the fine/compensation amount as has been directed. The above order shall be given effect to subject to fulfilment of the conditions fixed besides a direction to the learned 2nd Additional Sessions Judge, Baripada to release the statutory deposit in favour of the opposite party allowed to have been adjusted towards the compensation at the time of realization.
4. List on the date fixed for further orders.
5. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge TUDU
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