Narayan Prasad Joshi vs Arjun Senapati .... Opposite Party(S)
2025 Latest Caselaw 4280 Ori

Orissa High Court

Narayan Prasad Joshi vs Arjun Senapati .... Opposite Party(S) on 20 February, 2025

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No.1415 of 2024
                 Narayan Prasad Joshi            ....               Petitioner(s)
                                                      Mr. B. S. Joshi, Advocate


                                           -versus-

             Arjun Senapati                      ....          Opposite Party(s)
                                              Mr. P. K. Rath, Senior Advocate
                                          along with Ms. V. Mishra, Advocate



                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

Order No.                               20.02.2025
 02.        1.        Heard.

2. The petitioner is the complainant in I. C..C. Case No.02 of

2021 initiated by him under Section 138 of the N.I. Act against the

opposite party.

3. Vide judgment dated 04.09.2023, the learned S.D.J.M.,

Nuapada in I.C.C. Case No.02 of 2021 has convicted the opposite

party for the offence under Section 138 of the N.I. Act and

sentenced him to undergo S.I. for one year and to pay a fine of

Rs.7,00,000/-, in default, to undergo S.I. for two months. Being

aggrieved of the same, the opposite party has filed an Appeal being

Criminal Appeal No.16 of 2023 before the learned District &

Sessions Judge, Nuapada. In the said Appeal, the petitioner has

moved an application under Section 148(3) of the N.I. Act. The

learned Appellate Court has rejected the said application vide

impugned order dated 28.02.2024. The said impugned order is

bereft of any reasoning. Hence, I am inclined to set aside the order

dated 28.02.2024 passed by the learned District & Sessions Judge,

Nuapada in Criminal Appeal No.16 of 2023 and remit the matter

back to the Appellate Court to pass a fresh order on the said

application by affording opportunity to both the parties.

4. It is worthwhile to mention that in the connected matter

being CRLMC No.2427 of 2024, this Court has already directed the

learned Appellate Court to explore the possibility of settlement

between the parties before proceeding with the matter. That part of

the order passed in CRLMC No.2427 of 2024 stands good for this

petition as well.

5. With this observation, the CRLMC is disposed of.

(S.S. Mishra) Judge

Swarna

Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 21-Feb-2025 11:45:47