Khageswar Das @ vs Bijayalaxmi Das & Another .... Opposite ...
2025 Latest Caselaw 725 Ori

Orissa High Court

Khageswar Das @ vs Bijayalaxmi Das & Another .... Opposite ... on 1 July, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLREV No.72 of 2025

            Khageswar Das @                    ....                  Petitioner
            Khageswar Bhagabat Das
                                                     Mr. P.K. Das, Advocate

                                         -Versus-

            Bijayalaxmi Das & another         ....          Opposite Parties
                                                          Ms. B. Dash, ASC

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                       ORDER

01.07.2025

Order No.

01. 1. Heard Mr. Das, learned counsel for the petitioner.

2. Instant revision is filed by the petitioner challenging the impugned judgment passed in Criminal Appeal No.69 of 2017 confirming the decision of learned J.M.F.C., Bhadrak dated 21 st August, 2017 in 1.C.C. Case No.539 of 2014 on the grounds stated therein.

3. Considering the facts pleaded on record and submission of Mr. Das, learned counsel for the petitioner, the Court is inclined to issue notice to opposite party No.1 for a reply and response on the next date.

4. Issue notice to opposite party No.1 by Registered Post with AD making it returnable at an early date and for the said purpose, requisites shall be filed by Mr. Das, learned counsel for the petitioner within seven days from today.

5. Notice to opposite party No.2 State is dispensed with.

6. List on 29th July, 2025 for orders.

(R.K. Pattanaik) Judge

I.A. Nos.88 and 319 of 2025

02. 1. Heard Mr. Das, learned counsel for the petitioner.

2. Instant I.As. are filed by the petitioner seeking stay of realization of fine/compensation amount and release of the petitioner on bail on the reasons stated therein.

3. The petitioner stands convicted for an offence under Section 138 of the N.I. Act and directed to undergo SI of six months and to pay compensation of Rs.23,33,000/-. Considering the above facts, this Court, as an interim measure, awaiting appearance of the opposite parties directs stay realization of the fine/compensation amount directing release of the petitioner on bail subject to deposit of 10% of the same with such suitable conditions by J.M.F.C., Bhadrak in connection with 1.C.C. Case No.539 of 2014.

4. List on the date fixed for further orders.

5. Urgent certified copy of this order be issued as per

rules.

Designation: Personal Assistant
Reason: Authentication                                                           (R.K. Pattanaik)
Location: OHC, CUTTACK
Date: 02-Jul-2025 19:16:28                                                           Judge
 Balaram