Manoj Das vs State Of Odisha And Another ... Opposite ...
2025 Latest Caselaw 4568 Ori

Orissa High Court

Manoj Das vs State Of Odisha And Another ... Opposite ... on 3 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLREV No.88 of 2025

     Manoj Das                                           ...          Petitioner
                                                     Mr. R. Mahato, Advocate

                              -versus-
     State of Odisha and another                         ...    Opposite Parties
                                                     Mr. R.B. Mishra, Addl. PP
                                  CORAM:
                           JUSTICE G. SATAPATHY
                                ORDER(ORAL)

Order No.                        03.03.2025
   01.       1.         This   matter      is    taken   up   through     Hybrid

Arrangement (Virtual/Physical Mode).

2. This revision by the Petitioner-convict is directed against the confirming judgment dated 10.02.2025 passed in Criminal Appeal No. 31 of 2023 by which the learned Addl. Sessions Judge, Jajpur Road has confirmed the judgment dated 16.11.2023 passed by learned JMFC, Jajpur Road in 1CC Case No. 331 of 2022 convicting the revision Petitioner for offence punishable U/S. 138 of the NI Act and sentencing him to simple imprisonment for a period of three months with payment of compensation of Rs. 5,00,000/- including the interest payable U/S. 357(3) of the CrPC.

3. Heard, Mr. R. Mahato, learned counsel for the Petitioner.

4. Admit. Issue notice on admission to OP2-cum- complainant by Speed Post/Registered Post with AD fixing a short returnable date. Requisites for issuance of notice shall be filed within three working days.

5. The digitized copy of the LCR be called for from the learned trial Court.

6. This is an application of stay realization of compensation amount.

7. Heard, Mr. R. Mahato, learned counsel for the Petitioner.

8. After considering the submission as advanced for the Petitioner and taking into account the provision of law as laid down in Sec. 148 of the NI Act which is exercisable in the criminal revision, the prayer for stay realization of compensation amount stands allowed. Accordingly, there shall be stay realization of compensation amount under the impugned judgment in 1CC Case No. 331 of 2022 of the Court of learned JMFC, Jajpur Road till disposal of the criminal revision subject to condition the revision Petitioner depositing 20% of the compensation amount within sixty (60) days before the learned trial Court.

9. Accordingly, the IA stands disposed of.

10. Learned counsel for the Petitioner seeks for an adjournment to produce the copy of last date of order sheet.

11. List this matter on 11.03.2025.

Signed by: PRIYAJIT SAHOO (G. Satapathy)

Location: HIGH COURT OF ORISSA Judge Date: 04-Mar-2025 18:12:43 Priyajit