Satyabadi Sahu vs Santosh Kumar Muni ..... Opp. Party
2025 Latest Caselaw 545 Ori

Orissa High Court

Satyabadi Sahu vs Santosh Kumar Muni ..... Opp. Party on 13 May, 2025

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLMC No. 2479 of 2024

1. Satyabadi Sahu
2. Suresh Kumar Sahu                  .....                           Petitioners
                                               Mr. Manoranjan Acharya, Advocate

                                    -versus-
Santosh Kumar Muni                    .....                              Opp. Party
                                               Mr. Jugala Kishore Panda, Advocate

            CORAM:
                  HON'BLE MISS JUSTICE SAVITRI RATHO

                                          ORDER

13.05.2025 Order No. (Through hybrid Mode)

04.

1. Heard Mr. Manoranjan Acharya, learned counsel for the

petitioners and Mr. Jugala Kishore Panda, learned counsel for the

opposite party.

2. In support of his submission that the order of cognizance

should be set aside as no offence under Section 138 of the N.I. Act is

made out against the petitioner, Mr. Acharya, learned counsel for the

petitioners relies on the decisions of the Allahabad High Court in the

case of Smt. Archana Singh Gautam vs. State of U.P. & Another in

Case No. 9536 of 2024 decided on 05.06.2024. He also submits that

the case could not have been filed in the Court of the learned

S.D.J.M., Berhampur as the case comes within the jurisdiction of the

J.M.F.C, Aska.

3. Mr. Jugala Kishore Panda, learned counsel for the opposite

party relies on the decisions of this Court in the case of Laxmikanta

Sahu vs. Santosh Kumar Muni (CRLMC No. 2058 of 2024 decided

on 20.02.2025) and in the case of Satyabadi Sahu & Another vs.

Chitta Ranjan Panda (CRLMC No. 2138 of 2024 decided on

23.12.2024). He also submits that in CRLMC No. 2138 of 2024, the

present petitioner was the accused and had approached this Court

under Section 482 of Cr.P.C. raising the same objections to the order

of cognizance and this Court while setting aside the impugned order

remitted back the case to the learned trial Court for recording his

pre-summoning/initial statement under Section 202 of Cr.P.C. before

issuing summons.

4. Hearing is concluded.

5. Judgment is reserved.

(Savitri Ratho) Judge Sukanta

Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication

Date: 16-May-2025 21:10:25