Dillp Kumar vs Pradeep Kumar Sahu .... Opposite ...
2025 Latest Caselaw 5831 Ori

Orissa High Court

Dillp Kumar vs Pradeep Kumar Sahu .... Opposite ... on 27 May, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK


                          CRL. REV. No.262 of 2025

             Dillp Kumar
             Sahu                        ....           Petitioner
                                         Mr. P.K. Rath, Advocate

                                   -versus-

             Pradeep Kumar Sahu          ....    Opposite Parties
             & another



                          CORAM: JUSTICE V. NARASINGH

                                  ORDER

27.05.2025 Order No.

01. 1. Learned counsel for the Petitioner relies on the judgment of the Apex Court in the case of Muskan Enterprises and another vrs. State of Punjab and another, reported in 2024 SCC OnLine SC 4107 to fortify his submission that deposit of 20% of the amount in terms of Section 148-A of the N.I Act is not mandatory and it is his further submission that the Petitioner has a strong prima facie case and the Petitioner is not entitled to deposit the amount.

2. Taking note of such submission, Issue notice to the Opposite Party No.1 by registered post with A.D. Requisites shall be filed by 30.05.2025.

3. List this matter on 15.07.2025.

(V. NARASINGH) Vacation Judge

Order No.

02. 1. This is an application for bail.

2. It is submitted by the learned counsel that the Petitioner is in custody since 23.05.2025.

3. Taking into account the recitals in the I.A, it is directed that on depositing Rs.2,00,000/- (rupees two lakhs) the Petitioner shall be released on bail by the learned Court in seisin in connection with ICC Case No.214 of 2019 (TR No.06 of 2022). The amount so deposited shall be kept in an interest bearing account by the trial court. Liberty is given to the Complainant to seek withdrawal of the same, if so advised, in accordance with law.

4. I.A is accordingly disposed of.

(V. NARASINGH) Vacation Judge

PKS

Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 28-May-2025 13:42:14