Orissa High Court
Bajranglal Agarwalla vs Radheshyam Singhal .... Opposite ... on 5 February, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.259 of 2025
Bajranglal Agarwalla .... Petitioner(s)
Mr. S. Rout, Advocate
-versus-
Radheshyam Singhal .... Opposite Party(s)
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
05.02.2025
Order No. CRLMC No.259 of 2025 & I.A. No.203 of 2025
01. 1. Heard.
2. The petitioner is aggrieved by the order dated 18.11.2024
passed by the learned S.D.J.M., Boudh in 1.C.C. Case No.03 of
2020, whereby the learned Court below has directed the petitioner
to deposit 20% of the cheque amount as per Section 143(A) of the
N.I. Act.
3. Learned counsel for the petitioner by relying upon the
judgment of the Hon'ble Supreme Court in the case of Rakesh
Ranjan Shrivastava vrs. State of Jharkhand and another reported
in (2024) 4 SCC 419 submits that the impugned order dated
18.11.2024 is not sustainable under the scrutiny of law because
neither the prima facie case is considered nor the appropriate
reasons is given by the learned trial Court while allowing the
application in favour of the opposite party No.2. Relevant would be
to reproduce paragraphs-24 & 25 of the said judgment:-
<24. We may note that the factors required to be
considered, which we have set out above, are not
exhaustive. There could be several other factors in the
facts of a given case, such as, the pendency of a civil
suit, etc. While deciding the prayer made under Section
143-A, the Court must record brief reasons indicating
consideration of all the relevant factors.
25. In the present case, the trial court has mechanically
passed an order of deposit of Rs.10,00,000 without
considering the issue of prima facie case and other
relevant factors. It is true that sum of Rs.10,00,000
represents less than 5% of the cheque amount, but the
direction has been issued to pay the amount without
application of mind. Even the High Court has not
applied its mind. We, therefore, propose to direct the
trial court to consider the application for grant of
interim compensation afresh. In the meanwhile, the
amount of Rs.10,00,000 deposited by the appellant will
continue to remain deposited with the trial court.=
4. Issue notice to the opposite party by Speed Post/Registered
Post with A.D., fixing short returnable date. Requisites shall be
filed within three working days.
5. It is relevant to mention that the opposite party is the real
brother of the petitioner. The dispute is arising out of a family
settlement. Therefore, I am of the considered view that the matter
could be settled on mediation.
6. Accordingly, the matter is referred to the High Court of
Orissa Mediation Centre for exploring the possibility of a
settlement. The Coordinator of the Mediation Centre is directed to
fix a date and intimate the same to the parties . After exploring the
possibility of settlement submit a report before the Court by the
next date of hearing. The parties are directed to appear before the
Mediation Centre on the date to be fixed by the Coordinator.
Liberty is also granted to the parties to before the Mediation Centre
through Virtual Mode, if necessary,
7. Awaiting the mediation report, list this matter on
03.04.2025.
8. Subject to the petitioner depositing 10% of the cheque
amount before the Court below, the further proceeding in 1.C.C.
Case No.03 of 2020 pending in the Court of the learned S.D.J.M.,
Boudh is stayed till the next date of hearing.
(S.S. Mishra)
Judge
Swarna
Location: High Court of Orissa
