Kiran Sahu vs Arun Kumar Das ... Opposite Party
2025 Latest Caselaw 5112 Ori

Orissa High Court

Kiran Sahu vs Arun Kumar Das ... Opposite Party on 19 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                        CRLREV No.123 of 2025

     Kiran Sahu                               ...          Petitioner
                                              Mr.S.K.Dash, Advocate
                                -versus-
     Arun Kumar Das                           ...    Opposite Party


                                CORAM:
                         JUSTICE G. SATAPATHY
                                ORDER(ORAL)

Order No.                        19.03.2025
   01.       CRLREV No. 123 of 2025
             1.        This   matter     is    taken   up   through        Hybrid

Arrangement (Virtual/Physical Mode).

2. This criminal revision is directed against the confirming judgment of conviction and sentence as recorded against the revision-petitioner by the learned JMFC(T), Berhampur vide judgment dated 27.09.2023 passed in ICC Case No. 29 of 2022.

3. Heard, Mr. Soubhagya Kumar Das, learned counsel for the revision-petitioner and perused the record.

4. Admit. The digitized/soft copy of the LCR/TCR be called for from the learned trial Court.

5. 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.

6. List this matter on 30th April, 2025.

7. This is an application by the revision-petitioner for stay realization of the compensation amount.

8. Heard Mr.Soubhagya Kumar Das, learned counsel for the revision-petitioner and perused the record.

9. Since the power of Appellate jurisdiction is exercisable in Revision and taking into account the provision of Sec. 148 of NI Act, there shall be stay realization of compensation/fine amount from the revision-petitioner subject to condition the revision- petitioner depositing 20% of the compensation amount before the learned trial Court within 60 days from today. It is, however, made clear that no coercive action shall be taken against the petitioner within the aforesaid sixty days from today.

10. I.A. stands disposed of.

11. This is an application by the revision-petitioner for grant of bail pending suspension of further execution of sentence till disposal of the revision.

12. Heard, Mr.Soubhagya Kumar Das, learned counsel for the revision-petitioner and perused the record.

13. Since the revision-petitioner has only been sentenced to pay fine of Rs. 3,00,000/-, in default whereof, to undergo Simple Imprisonment for three months, but realization of fine payable as compensation

to the complainant having already been stayed by this Court in IA No. 199 of 2025, the present IA stands disposed of as infructuous.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 20-Mar-2025 14:23:40