Prasanna Kumar Khuntia vs Santosh Kumar Swain .... Opposite Party
2025 Latest Caselaw 4795 Ori

Orissa High Court

Prasanna Kumar Khuntia vs Santosh Kumar Swain .... Opposite Party on 8 March, 2025

Author: M.S. Raman

Bench: Murahari Sri Raman

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLMC No.2190 of 2023

                 Prasanna Kumar Khuntia                  ....             Petitioner
                                                                         In person
                                            -versus-
                 Santosh Kumar Swain                     ....         Opposite Party
                                                                             None

                          CORAM:
                          JUSTICE MURAHARI SRI RAMAN

Order No.                                  ORDER
   01.                                    08.03.2025

This case is taken up in the 1st National Lok Adalat, 2025 through Hybrid mode.

2. The Petitioner-Prasanna Kumar Khuntia appears in person.

3. The Petitioner (accused in 1CC No.82 of 2018) filed a memo enclosing a photocopy of the judgment passed in 1CC No.82 of 2018 in Court today. The said memo be kept on record.

4. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the Petitioner to quash the Criminal Proceeding in 1CC No.82 of 2018 pending in the file of the learned J.M.F.C, Khandapara.

5. The Petitioner, who appears in person, stated that during pendency of this application the learned J.M.F.C, Khandapara vide judgment dated 01.06.2023 passed in 1CC No.82 of 2018 has already acquitted him, he does not want to press this CRLMC as the same has become infructuous.

6. Perused the judgment passed by the learned J.M.F.C, Khandapara in 1CC No.82 of 2018, wherein in paragraph 9, it has been held as follows:-

"*** *** ***

9. So, keeping in view of the above facts and circumstances of this case as well as the statutory provisions enshrined u/s-138 of the NI Act, this court holds that the complainant has not been able to establish its case u/s 138 of the NI Act for want of service of notice upon the accused person. Hence the accused person is not found guilty for the offences U/s. 138 of the N.I. Act, 1881. In a result, the accused person is acquitted therefrom as per Section 255(1) of the Cr.P.C. He is set at liberty forthwith and discharged from all bail bonds and surety. Enter this case as "Mistake of Fact" for statistical purpose."

7. In view of the above, this CRLMC stands disposed of as not pressed.

(M.S. Raman, J.) st 1 National Lok Adalat MRS/Suchitra

Designation: JUNIOR STENOGRAPHER

Location: HIGH COURT OF ORISSA, CUTTACK