Sudam Polai vs Sibaram Polai ..... Opp. Party
2025 Latest Caselaw 10897 Ori

Orissa High Court

Sudam Polai vs Sibaram Polai ..... Opp. Party on 10 December, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLMC No.3388 of 2024
            Sudam Polai               .....         Petitioner
                                                           Represented By Adv. -
                                                           Deepak Ranjan Parida

                                           -versus-
            Sibaram Polai                          .....              Opp. Party
                                                           Represented By Adv. -

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

                                          ORDER

10.12.2025 Order No.

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

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

3. Despite issuance of the notice, none appears for the Opposite Party when the matter was taken up for hearing.

4. By filing the present application under Section 482 of the Cr.P.C, the Petitioner seeks to challenge the order dated 21.08.2024 passed by the learned Additional Sessions Judge, Talcher in Criminal Appeal No.11 of 2024 whereby the petition filed under Section 148 of the NI Act by the complainant has been rejected by the learned trial court.

5. Learned counsel for the Petitioner at the outset contended that the appeal has been preferred by the convict-opposite party. Such appeal has been preferred against the judgment dated

18.03.2024 passed in 1.C.C No.01 of 2022 by the learned JMFC, (C.T.), Talcher whereunder the Opposite Party has been found guilty of commission of an offence under Section 138 of NI Act and the Opposite Party has been sentenced to undergo S.I for one year and to pay Rs.40,00,000/- (Rupees Forty lakhs) to the complainant as compensation under Section 357(3) of the Cr.P.C. Learned counsel for the Petitioner at this juncture contended that the Opposite Party-convict is deliberately avoiding notice only to delayed proceeding. He further submitted that he does not want to press this application challenging order dated 21.08.2024 subject to this Court directing the learned lower appellate court to dispose of the appeal as expeditiously as possible within a stipulated period of time.

6. Having regard to the submissions made by learned counsel for the Petitioner, this Court disposes the present application as not press with a further direction to the learned Additional Sessions Judge, Talcher to make every endeavour to expedite the hearing of the Criminal appeal No.11 of 2024 and to conclude the same within a period of three months from the date of a communication of a certified copy of today's order.

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: 11-Dec-2025 14:24:10