Apan Kumar Dey vs Harinarayan Sahu .... Opposite Party
2025 Latest Caselaw 8257 Ori

Orissa High Court

Apan Kumar Dey vs Harinarayan Sahu .... Opposite Party on 15 September, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLREV No.157 of 2023
            Apan Kumar Dey                   ....               Petitioner
                                 M/sr. S.K. Panda, Advocate & Associates
                                       -Versus-
            Harinarayan Sahu            ....           Opposite Party
                      M/s. Chandrakanta Nayak, Advocate & Associates


                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                      ORDER

15.09.2025 Order No.

05. 1. Heard learned counsel for the respective parties.

2. Perused the mediation report at flag-A. As per the said report, the mediation between the parties has been successful.

3. Today, the cheques in original are produced in compliance of the mediation reached at, which are handed over to Mr. Nayak, learned counsel for the opposite party in Court. As per the mediation, the payment was to be made in phase- wise but the cheques are produced for an amount of Rs. 3.75 lac with an understanding that the statutory deposit lying before the learned court below to be released in favour of the opposite party. In fact, I.A. No. 1010 of 2025 is filed today seeking release of the amount of statutory deposit of Rs. 75,000/- in favour of the opposite party since there has been a settlement reached at the High Court Mediation Centre with a report received at flag-A. Memo is filed towards receipt of the original cheques duly acknowledged by Mr. Nayak, learned counsel for opposite party.

4. Under the above circumstances, the Court is of the humble view that the order of conviction in I.C.C. Case No. 192 of 2007 is required to be set aside though confirmed in appeal by the learned Sessions Judge, Balasore such is the view of the Court keeping in view the settled legal position reiterated by the Apex Court in B.V. Seshaiah Vrs. State of Telangana & another 2023(II) SCR 293. In other words, it is a fit case, where, considering the offence under Section 138 of the N.I. Act to be compoundable, the Court exercising revisional jurisdiction is in favour of and inclined to set aside the order of conviction and sentence awarded and confirmed in Criminal Appeal No. 22 of 2015.

5. Accordingly, it is ordered.

6. In the result, the revision petition stands disposed of with the order of conviction and sentence in I.C.C. Case No. 192 of 2007 being set aside and also the judgment the Criminal Appeal No. 22 of 2015 for the reasons stated hereinabove. It is directed that in view of the understanding between the parties and since I.A. No. 1010 of 2025 is filed by the opposite party, it is further directed that the statutory deposit of Rs. 75,000/- shall be disbursed in his favour upon receiving a proper application in that regard.

7. A certified copy of this order be issued as per rules.

Signed by: KABITARANI MAJHI                                               (R.K. Pattanaik)

Reason: Authentication                                                          Judge
Location: OHC, Cuttack
Date: 16-Sep-2025
               Kabita12:13:59