Rama Chandra Sahoo vs Krushna Chandra Dhar .... Opp. Party(S)
2025 Latest Caselaw 5504 Ori

Orissa High Court

Rama Chandra Sahoo vs Krushna Chandra Dhar .... Opp. Party(S) on 28 March, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  CRLMC No.1268 of 2025
                 Rama Chandra Sahoo             ....                Petitioner(s)
                                                     Mr. R. K. Rout, Advocate
                                          -versus-

             Krushna Chandra Dhar               ....              Opp. Party(s)



                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                        ORDER

Order No.                              28.03.2025
 01.        1.        Heard.

2. The petitioner is aggrieved by the order dated 15.09.2022

passed by the learned Additional Sessions Judge, Talcher in

Criminal Appeal No.02 of 2022, whereby the petitioner has been

directed to deposit 20% of the compensation amount.

3. The petitioner has been convicted vide judgment dated

15.02.2022 by the learned J.M.F.C., Talcher in 1.C.C. Case No.114

of 2018 for the alleged commission of offence under Section 138 of

the N.I. Act and directed the petitioner to pay compensation of

Rs.12,10,000/- besides other sentences. Being aggrieved the same,

the petitioner has filed Criminal Appeal No.02 of 2022 before the

learned Additional Sessions Judge, Talcher. The learned Appellate

Court vide impugned order dated 15.09.2022 directed the petitioner

to deposit 20% of the compensation amount as per Section 148(A)

of the N.I. Act. The petitioner moved an application on 01.03.2025

seeking recalling of the order dated 15.09.2022 by relying upon the

judgment of the Hon'ble Supreme Court in the case of Muskan

Enterprises & Anr. vrs. The State of Punjab & Anr. in Criminal

Appeal No.5491 of 2024.

4. Learned counsel for the petitioner submits that the Hon'ble

Supreme Court by relying upon the judgment of Jamboo Bhandari

vrs. Madhya Pradesh State Industrial Development Corporation

Limited and ors. has laid down that the provision contained under

Section 148(A) of the N.I. Act is not mandatory, it is directory. The

learned Appellate Court while exercising its power should have, not

only evaluate the prima facie case but also shall satisfy on the

financial condition of the appellant/petitioner. The learned

Appellate Court has rejected the application of the petitioner vide

order dated 03.03.2025 in Criminal Appeal No.02 of 2022. The

petitioner is aggrieved by the said order as well. Hence, he has

approached this Court by filing the present petition.

5. I have taken into consideration the argument put forth by

the petitioner also taking into consideration the other materials

placed on record. To strike a balance by taking into consideration

the financial constraint of the petitioner and equity, I am of the

considered view that the petitioner shall deposit 10% of the

compensation amount and the learned Appellate Court shall hear

the Criminal Appeal No.02 of 2022 as expeditiously as possible.

This Court is alive to the fact that the notice to the

complainant/opposite party is not issued in the petition only to

avoid further delay in disposal of the entire case. Delay in disposal

of the present case shall not enure to the benefit of either party.

Hence this order is being passed.

6. With this observation, the CRLMC is disposed of.

(S.S. Mishra) Judge Swarna

Designation: Senior Stenographer

Location: High Court of Orissa Date: 28-Mar-2025 14:04:35