Orissa High Court
Santosh Kumar Sahoo vs Nibedita Khilar ..... Opp. Party on 12 November, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4595 of 2025
Santosh Kumar Sahoo ..... Petitioner
Represented By Adv. -
Basanta Kumar Barik
-versus-
Nibedita Khilar ..... Opp. Party
Represented By Adv. -
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
12.11.2025
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. By filing the present application under Section 482 of the
Cr.P.C the Petitioner seeks to invoke the inherent power of this
Court to quash the order dated 29.04.2025 passed by the learned
JMFC, Soro in 1.C.C case No.86 of 2023. The abovenoted 1.C.C
case was initiated at the instance of sole Opposite Party for
commission of offence punishable under Section 138 of the NI
Act.
4. During the pendency of the abovenoted 1.C.C case, the
Opposite Party moved an application under Section 143(A) of the
NI Act for payment of interim compensation to the tune of 20% as
has been provided in the Negotiable Instruments Act, 1881. He
further submitted that the Petitioner filed an objection to such
application. However, the learned court below, without taking into
consideration the objection of the Petitioner, has disposed of the
application mechanically vide order dated 29.04.2025 thereby
directing the Petitioner to pay 20% of the cheque amount i.e. a
sum of Rs.16,000/- (Rupees Sixteen Thousand) to the
complainant-Opposite Party as an interim compensation within 30
days. Being aggrieved by such order, the Petitioner has
approached this Court by filing the present application.
5. The present matter has been listed for the first time for
admission. No notice has been issued to the Opposite Party.
However, at the outset, this Court, on a careful scrutiny of order
dated 29.04.2025, found that the order dated 29.04.2025 passed in
1.C.C case No.86 of 2023 is not in consonance with the judgment
of the Hon'ble Supreme Court in the case of Rakesh Ranjan
Shrivastava vs. The Stage of Jharkhand & Ors. in Criminal
Appeal No.741 of 2024 decided on 15.03.2024. In the abovenoted
judgment, the Hon'ble Supreme Court has laid down the broad
parameters for exercising the discretion under Section 143(A) of
the NI Act which has been clearly laid out in para-19 of the said
judgment. On a careful analysis of order dated 29.04.2025, this
Court found that the learned trial court has not taken into
consideration the aforesaid broad parameters prescribed by the
Hon'ble Supreme Court in Rakesh Ranjan Shrivastava's case
(supra). Therefore, this Court is of the prima facie view that the
order being not in conformity with the parameters laid down in
Rakesh Ranjan Shrivastava's case (supra) is unsustainable in
law. Accordingly, the order dated 29.04.2025 is hereby set aside.
Further, the matter is remanded back to the learned trial court. The
learned trial court shall now consider the application after
providing an opportunity to both sides and shall dispose of such
application keeping in view the principles laid down by the
Hon'ble Supreme court in Rakesh Ranjan Shrivastava's case
(supra) within a period of six weeks from the date of
communication of a copy of today's order.
6. With the aforesaid observations/ directions, the CRLMC
stands disposed of.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 13-Nov-2025 14:02:12
