Gangadhar Sahoo vs Dushasan Malick ... Opposite Party
2025 Latest Caselaw 4722 Ori

Orissa High Court

Gangadhar Sahoo vs Dushasan Malick ... Opposite Party on 6 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       CRLREV No.485 of 2023

     Gangadhar Sahoo                      ...            Petitioner
                                       Mr. S.Bahadu, Advocate
                            -versus-
     Dushasan Malick                      ...      Opposite Party


                              CORAM:
                       JUSTICE G. SATAPATHY
                            ORDER(ORAL)

Order No.                    06.03.2025
   02.       1.      This   matter   is       taken   up   through   Hybrid

Arrangement (Virtual/Physical Mode).

2. This revision by the petitioner is directed against the confirming judgment of conviction and sentence of the petitioner for commission of offence U/S. 138 of NI Act.

2.1 By the impugned judgment dated 16.03.2017 passed in ICC Case No. 156 of 2014, the learned JMFC, Bhadrak convicted the revision-petitioner for offence punishable U/S. 138 of NI Act and sentenced him to undergo Simple Imprisonment (SI) for five months and to pay compensation to the complainant Rs.1,00,000/- U/S. 357 of CrPC in default whereof, to undergo SI for one month. The aforesaid conviction and sentence of the revision-petitioner was confirmed by the learned District & Sessions Judge, Bhadrak in Criminal Appeal No.33 of 2017.

3. Heard Mr.Samarendra Bahadur, learned counsel for the petitioner.

4. Admit. The digitized/soft copy of the LCR/TCR be called for from the learned trial Court. Issue notice to opposite party through Speed Post/Registered Post with AD by fixing a short returnable date. Requisites for issuance of notice against opposite party shall be filed within three working days.

5. List this matter on 15.04.2025.

I.A No.671 of 2023 & IA No. 68 of 2024

7. These two IAs are filed by the revision-petitioner for stay operation of the impugned judgments passed by the learned trial Court and Appellate Court, and to grant bail to the revision-petitioner pending disposal of the revision.

8. In the course of hearing, Mr.Samrendra Bahadur, learned counsel for the petitioner informs the Court that the convicting Court has already issued NBWA against the petitioner and, therefore, unless the NBWA is stayed, the petitioner would be highly prejudiced.

9. In the aforesaid facts and development, this Court does not find any merit IA No. 68 of 2024 and the same is accordingly disposed of, but pending consideration of IA No. 671 of 2023, which shall be taken up after receipt of soft copy of LCR, however, as an interim measure, this Court directs for stay execution of NBWA, if any, issued in the meanwhile till next

date(15.04.2025) subject to condition the petitioner depositing 20% of the compensation amount before the learned trial Court.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 07-Mar-2025 10:11:55