Allowed

Zakhiruddin Khan v. State of Odisha

Orissa HC26 Nov 2021CRLMC/1256/2021

Case brief

AI extract

What is this about?

The High Court of Orissa, exercising its revisional jurisdiction, held that three undersec 138 NI Act cases (ICC Nos. 426, 135, and 241 of 2013) arising from the same financial transaction and cheque dishonor must be heard together as it is in the interest of justice and convenience.

What did the court decide?

The impugned order was set aside and directed that ICC Cases Nos. 426 of 2013, 135 of 2013, and 241 of 2013 be heard together.

Zakhiruddin Khan Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 1256 of 2021

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Zakhiruddin Khan

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…. Petitioner

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Mr. T. Dash, Advocate

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-Versus -

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State of Odisha & others …. Opposite Party Mr. S.K. Mishra, Addl. Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

26.11.2021

Order No. 01.

This matter is taken up through hybrid mode.

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Heard Mr. T. Dash, learned counsel for the petitioner and Mr. S.K. Mishra, learned Addl. Standing Counsel.

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The petitioner challenges the order dated 27.04.2021 passed by learned District and Sessions Judge, Jajpur in Criminal Revision No. 33 of 2014, whereby the order passed by learned S.D.J.M., Jajpur was confirmed. Learned S.D.J.M., Jajpur had rejected the prayer made by the petitioner for analogous hearing of ICC Case No.426 of 2013 filed by him as the complainant against the present opposite parties no. 2 and 3 with two other ICC cases filed against him by the said opposite party no.3. It is submitted that while the petitioner filed ICC Case No.426 of 2013 under Section 138 of N.I. Act, the opposite party no.3Koresa Bibi filed ICC Case No. 235 of 2013 and ICC Case No. 241 of 2013 against the present petitioner. It is further submitted

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that all the three cases arise out of the same financial transaction basing on which the cheques in question were issued and came to be dishonored by the Bank.

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Without going into the merits of the submissions made, which relates to challenge to the correctness of the impugned order, this Court is of the considered view that when all the three cases have arisen out of the same transaction, it would be in the interest of justice as well as convenient, if all the three cases are taken up and disposed of together.

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It is therefore directed that ICC Case nos. 426 of 2013, ICC Case No. 135 of 2013 and ICC Case No. 241 of 2013 pending before the learned S.D.J.M., Jajpur shall be heard together. The

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impugned order is set aside.

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CRLMC is accordingly disposed of.

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Issue urgent certified copy as per rules.
( Sashikanta Mishra)
Judge

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A.K. Rana

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Zakhiruddin Khan v. State of Odisha

Case brief

What is this about?

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Zakhiruddin Khan v. State of Odisha

Case brief

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