Orissa High Court
Sheikh Arshad vs State Of Odisha And Another ... Opposite ... on 3 May, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.224 of 2025
Sheikh Arshad ... Petitioner
Mr. J. Sahoo, Advocate
-versus-
State of Odisha and another ... Opposite Parties
Mr. R.B. Mishra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 03.05.2025
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This criminal revision is directed against the
judgment dated 19.02.2025 passed by the learned
Sessions Judge, Kalahandi, Bhawanipatna in Criminal
Appeal No.19 of 2024 confirming the conviction and
sentence of the revision-petitioner as recorded by the
learned Sub-Divisional Judicial Magistrate,
Bhawanipatna, Kalahandi vide judgment dated
12.04.2024 in 1CC Case No.52 of 2020(T.R. Case
No.462 of 2022) convicting the revision-petitioner for
commission of offence U/S.138 of NI Act and
sentencing him to pay compensation of Rs.20,00,000/-
(Rupees Twenty Lakhs) only in default whereof, to
undergo Simple Imprisonment for a period of three
months.
3. Heard, Mr. Jyotirmaya Sahoo, learned counsel
for the revision-petitioner and Mr. R.B. Mishra, learned
Additional Public Prosecutor in the matter and perused
the record.
4. Admit. Issue notice to OPNo.2 through Speed
Post/Registered Post with AD by fixing a short
returnable date. Requisites for issuance of notice
against OPNo.2 shall be filed within three working days.
5. The digitized/soft copy of the LCR/TCR be
called for from the learned trial Court.
6. List this matter on 07.07.2025.
7. This is an application by the revision-petitioner
for stay realization of compensation amount as imposed
on the revision-petitioner under the impugned
judgment.
8. Heard, Mr. Jyotirmaya Sahoo, learned counsel
for the revision-petitioner and Mr. R.B. Mishra, learned
Additional Public Prosecutor in the matter and perused
the record.
9. Admittedly, the revision-petitioner has been
sentenced to pay compensation of Rs.20,00,000/-
(Rupees Twenty Lakhs) in default whereof, to undergo
Simple Imprisonment for a period of three months,
however, fact remains that Sec.148 of NI Act provides
powers to be exercised by the Appellate forum, but
Sec.438 read with 442 of the BNSS prescribes the
power exercisable under Appellate jurisdiction can be
exercised in Revisional Jurisdiction and this Court,
therefore, in exercise of power U/S.148 of NI Act read
with 438/442 of BNSS considers it in the interest of
justice to stay the realization of compensation of
Rs.20,00,000/- (Rupees Twenty Lakhs) from the
revision-petitioner, subject to condition the revision-
petitioner depositing 20% of the compensation amount
before the learned convicting Court within 60 days
hence.
It is, however, clarified that no coercive action
shall be taken against the revision-petitioner for 60
days from today for realization of compensation
amount. Needless to say, the benefit of this order shall
not be extended to the revision-petitioner, if he fails to
deposit the 20% of the compensation amount within 60
days hence as ordered.
10. This is an application U/Ss.438/442 of the
BNSS by the revision-petitioner for grant of bail and
suspension of sentence, but the revision-petitioner
having not sentenced to any substantive sentence and
the sentence being only for payment of compensation
amount by the revision-petitioner with default sentence
which having already stayed by this Court in IA No.341
of 2025 subject to certain conditions, the present IA
becomes redundant and otiose.
11. The IA stands disposed of accordingly.
(G. Satapathy)
Subhasmita
Reason: Authentication
Location: High Court of Orissa
Date: 05-May-2025 11:12:18
