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Ashok Kumar Mohapatra Vs Gatikrishna@Gatikrushna Das — Cheque Dishonour | Orissa HC (2021)

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Orissa HC
2021
Ashok Kumar Mohapatra Vs Gatikrishna@Gatikrushna DasAshok Kumar Mohapatra v. Gatikrishna@Gatikrushna Das

Dismissed

Ashok Kumar Mohapatra v. Gatikrishna@Gatikrushna Das

Orissa HC24 Aug 2021CRLMC/122/2020

Case brief

AI extract

What is this about?

This petition under Section 482 Cr.P.C. challenged an order regarding a cheque dispute case under Section 138 of the N.I.Act. The petitioner withdrew the challenge and requested early disposal. The court directed the trial court to dispose of the summary case within six months and dismissed the application.

What did the court decide?

The trial court directed to dispose of the case under Section 138 of N.I.Act expeditiously within six months.

What the court decided

AI extract

Outcome

The trial court directed to dispose of the case under Section 138 of N.I.Act expeditiously within six months.

Issue for consideration

Whether the trial court should ensure early disposal of a summons case under Section 138 of the Negotiable Instruments Act. +1 more

Detailed headnote1 paragraphs

In a case under Section 138 of the Negotiable Instruments Act where the petitioner withdrew the challenge to an inspection order and sought early disposal, the High Court praised the summonary nature of the proceeding and directed the trial court to dispose of the case expeditiously within six months, leading to the dismissal of the application.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.122 of 2020

Ashok Kumar Mohapatra

…. Petitioner

-versus-

Gatikrishna @ Gatikrushna Das

…. Opposite Party

CORAM: JUSTICE S.PUJAHARI

ORDER

24.08.2021

Order No.

This matter is taken up through hybrid mode.

Heard, the learned counsel for the petitioner and the learned counsel for the State.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner challenging the order dated 10.12.2019 passed by the learned NGN-Cum-J.M.F.C., Tangi in 1CC Case No.50 of 2008 directing to send the disputed cheque as well as the specimen signatures of the accused-Opposite Party to the handwriting expert in a case under Section 138 of the N.I.Act.

Though the aforesaid prayer has been made by the Petitioner in this petition but, during the course of hearing, learned counsel for the Petitioner does not want to press this

Page 1 of 2

// 2 //

application and submits that direction may be given to the trial court for early disposal of the case.

Considering the aforesaid submission of the learned counsel for the Petitioner and also the fact that a proceeding initiated under Section 138 of N.I.Act, is required to be tried summarily, the trial court shall take all effective steps to dispose of the aforesaid case as expeditiously as possible, preferably within six months hence, if there is no other legal impediment.

With the aforesaid order, the CRLMC stands disposed of.
7. Urgent certified copy of this order be granted on proper
application.

(S. Pujahari)
Judge

RKS

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the trial court should ensure early disposal of a summons case under Section 138 of the Negotiable Instruments Act.
2.
Whether the petitioner can withdraw the prayer to challenge an order and seek early disposal instead.

Statutes considered

2 provisions across 2 enactments

AI extract

Code of Criminal Procedure482
Negotiable Instruments Act138

Parties & counsel

AI extract

petitioner
Ashok Kumar Mohapatra
respondent
Gatikrishna @ Gatikrushna Das

Coram

AI extract

S. Pujahari

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 24 Aug 2021 · August
Registered: 16 Jan 2020
Case no.: CRLMC/122/2020
CNR: ODHC010030052020
Topic: Cheque Dishonour
Bench: S.pujahari
Disposal: Disposed Off

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Cite this judgement

Ashok Kumar Mohapatra v. Gatikrishna@Gatikrushna Das, CRLMC/122/2020 (OD), decided on 24 August 2021.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Code of Criminal Procedure482
Negotiable Instruments Act138

View all statutes

Bench / Coram

S. Pujahari

Parties & counsel