Rama Chandra Sahoo vs Krushna Chandra Dhar .... Opposite ...
2025 Latest Caselaw 8139 Ori

Orissa High Court

Rama Chandra Sahoo vs Krushna Chandra Dhar .... Opposite ... on 11 September, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  CRLREV No.374 of 2025
            Rama Chandra Sahoo                     ....           Petitioner
                                                   Mr. R.K. Rout, Advocate
                                        -Versus-
            Krushna Chandra Dhar                    ....      Opposite Party
                                                                     None
                     CORAM:
                     MR. JUSTICE R.K. PATTANAIK

                                       ORDER

11.09.2025 Order No.

04. 1. Heard Mr. Rout, learned counsel for the petitioner.

2. Instant revision is filed by the petitioner assailing the impugned judgment i.e. Annexure-2 confirming the decision of the learned J.M.F.C., Talcher in connection with I.C.C. Case No.114 of 2018 on the grounds stated.

3. Considering the facts pleaded on record and the submission of Mr. Rout, learned counsel for the petitioner based on the original agreement marked as Ext. 8 before the court of first instance, this Court is inclined to issue notice to the opposite party.

4. Hence, it is ordered.

5. Notice to the opposite party by Registered Post with A.D. returnable at an early date and for the said purpose, requisites shall be filed by Mr. Rout, learned counsel for the petitioner within seven days from today.

6. List this matter on 24th October, 2025 for final hearing and orders. LCR be called for in the meantime and for that, Registry is to do the needful.

(R.K. Pattanaik) Judge

05. 1. Heard.

2. Instant I.A.is filed for interim orders.

3. Mr. Rout, learned counsel for the petitioner submits that as per the agreement, the cheque was not presented, hence, therefore, the petitioner is not liable for any such offence punishable under Section 138 N.I. Act.

4. Considering the above submission, this Court, as an interim measure, stays the sentence and realization of fine amount awarded by the learned J.M.F.C., Talcher in I.C.C. Case No.114 of 2018 subject to deposit of Rs.90,000/- over and above the statutory amount already deposited in Criminal Appeal No.02 of 2022 before the court of learned J.M.F.C., Talcher in I.C.C. Case No.114 of 2018.

5. List on the date fixed for further orders.

6. Issue urgent certified copy as per rules.

Digitally Signed                                                     Judge