Linaj Pattanaik vs Arun Kumar Pradhan ..... Opp. Party
2025 Latest Caselaw 10477 Ori

Orissa High Court

Linaj Pattanaik vs Arun Kumar Pradhan ..... Opp. Party on 26 November, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLMC No.4875 of 2025
            Linaj Pattanaik             .....         Petitioner
                                                              Represented By Adv. -
                                                              Anirudha Das

                                          -versus-
            Arun Kumar Pradhan                    .....                  Opp. Party
                                                              Represented By Adv. -

                                CORAM:
                  THE HON'BLE MR. JUSTICE ADITYA KUMAR
                              MOHAPATRA

                                         ORDER

26.11.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner. Perused the application as well as the prayer made therein.

3. Learned counsel for the Petitioner by filing the present application under Section 482 of the Cr.P.C prayed for quashing of the entire criminal proceeding in 1.C.C (NI Act) Case No.3 of 2023 pending in the court of learned SDJM, Talcher which was initiated for commission of a crime punishable under Section 138 of NI Act.

4. Learned counsel for the Petitioner at the outset contended that although the complainant has admitted in his evidence that the accused-petitioner had paid a sum of Rs.1,50,000/- out of the total amount dues, however, he had submitted the cheque for the entire amount. In the aforesaid context, learned counsel for the Petitioner referred to the judgment of the Hon'ble Supreme Court in the

matter of Dashrathbhai Trikambhai Patel vs. Hitesh Mahendrabhai Patel & Another reported in AIR 2022 SC 4961.

5. In view of the aforesaid position, this Court is of the view that the matter requires further consideration in presence of the Opposite Party.

6. Accordingly, issue notice to the Opposite Party through Speed post with A.D by fixing a short returnable date.

7. Requisites for issuance of notice be filed within three working days.

8. List this matter in the week commencing 12.01.2026.

9. Heard learned counsel for the Petitioner.

10. Notice as above.

11. Accept one set of process fee.

12. As an interim measure, it is directed that on an application being filed by the Petitioner seeking adjournment before the learned trial court, learned trial court shall do well to adjourn 1.C.C (NI Act) Case No.03 of 2023 for a period of eight weeks.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 27-Nov-2025 18:31:29