Shankar Bhoi vs Umashankar Shukla .... Opposite Party
2025 Latest Caselaw 5977 Ori

Orissa High Court

Shankar Bhoi vs Umashankar Shukla .... Opposite Party on 18 June, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLREV No.217 of 2025

            Shankar Bhoi                             ....           Petitioner
                                                   Mr. R.R. Mishra, Advocate

                                        -Versus-

            Umashankar Shukla                        ....      Opposite Party
                                                                      None

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                       ORDER

18.06.2025 Order No.

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

2. Instant revision is filed by the petitioner challenging the impugned judgment in Criminal Appeal No.11/04 of 2024 of learned Additional District & Sessions Judge, Bargarh thereby confirming the order of conviction and sentence passed in

1.C.C. Case No.176 of 2015 (Trial No.1192 of 2016) of learned S.D.J.M., Bargarh on the grounds stated therein.

3. The petitioner has been convicted for an offence under Section 138 N.I. Act and is directed to undergo S.I. for three months and to pay compensation of Rs.1,74,536/- to the opposite party, namely, the complainant.

4. Mr. Mishra, learned counsel for the petitioner would submit that there is no liability to be discharged by the petitioner since the amount was refunded and while claiming

so, refers to an affidavit filed before the learned S.D.J.M., Bargarh in 1.C.C. Case No.176 of 2015 filed by him.

5. Considering the plea advanced and the submission as above, the Court is inclined to issue notice to the opposite party for a response and reply.

6. Issue notice to the opposite party by Registered Post with AD making it returnable at an early date and for the said purpose, requisites shall be filed by Mr. Mishra, learned counsel for the petitioner within seven days from today.

7. List on 16th July, 2025 for final hearing and orders.

(R.K. Pattanaik) Judge

I.A. Nos.328 & 329 of 2025

02. 1. Heard.

2. Instant I.As. are filed by the petitioner seeking bail and stay of realization of the compensation amount as has been directed.

3. Considering the facts pleaded on record, this Court, as an interim measure, stays the compensation as is directed in

1.C.C. Case No.176 of 2015 by the learned S.D.J.M., Bargarh confirmed in Criminal Appeal No.11/04 of 2024 of learned Additional District & Sessions Judge, Bargarh till the next date pending appearance of the opposite party and accordingly, it is ordered. It is further directed that the petitioner shall be

released on bail in connection therewith subject to conditions imposed by learned S.D.J.M., Bargarh.

4. List on the date fixed for further orders.

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

(R.K. Pattanaik) Judge Balaram