Disposed

Manjulata Devi v. Basanta Ku.Mishra

Orissa HC6 Oct 2015CRLMC/3195/2015

Case brief

AI extract

What is this about?

The High Court declined to interfere with the impugned order taking cognizance under Section 138 of NI Act by the S.D.J.M., Puri, under Section 482 Cr.P.C. However, it granted the petitioner liberty to raise her objection before the court below during the trial.

What did the court decide?

Liberty granted to the petitioner to raise her objection before the court below in course of trial.

Manjulata Devi Vs Basanta Ku.Mishra — Cheque Dishonour | Orissa HC (2015)

¶1

 CRLMC NO.3195 OF 2015

¶2

06.10.2015 Heard learned counsel for the petitioner, learned counsel for opposite party and learn
ed Standing Counsel for State.

¶3

2. This application under Section 482 of Cr.P.C. has been filed by the petitioner challen
ging the order dated 17.3.2011 passed by the learned S.D.J.M., Puri in I.C.C No.361 of 2010 ta
king cognizance of offence under Section 138 of N.I. Act against the petitioner.

¶4

3. Learned counsel for the petitioner submitted that the cheque amounting to Rs.1,00,000/
- was given to the complainant towards permanent alimony to her daughter-in-law. However, as t
he complainants group subsequently not settled the dispute as per their statement before the w
ell wishers and the local police, the cheque was dishonoured. It is stated that the trial is a
t the fag end and liberty may be granted to the petitioner to raise her objection before the c
ourt below.

¶5

4. Considering the materials available on record, this Court is not inclined to interfere
 with the impugned order in exercise of the jurisdiction under Section 482 of Cr.P.C. However,
 liberty is granted to the petitioner to raise her objection before the court below in course
of trial, which shall be considered by the court below in accordance with law.

¶6

 The CRLMC along with Misc. Case is accordingly disposed of.

¶7

 S.Panda, J.

¶8

Manjulata Devi v. Basanta Ku.Mishra

Case brief

What is this about?

What did the court decide?

Manjulata Devi v. Basanta Ku.Mishra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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