Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Gobind Chandra Patra Vs State of Odisha — Cheque Dishonour | Orissa HC (2022)

Home
Orissa HC
2022
Gobind Chandra Patra Vs State of OdishaGobind Chandra Patra v. State of Odisha

Allowed

Gobind Chandra Patra v. State of Odisha

Orissa HC13 Jun 2022CRLMC/1589/2022

Case brief

AI extract

What is this about?

Single Judge allowed the petition seeking set aside of a non-bailable warrant issued by the trial court in a Section 138 N.I. Act case. The warrant was quashed with directions to surrender within a fortnight and a cash security of Rs.3,000. The CRLMC was disposed of accordingly.

What did the court decide?

Order dated 05.10.2021 for issuance of NBW set aside. Liberty given to surrender within fortnight on cash security of Rs.3,000.

What the court decided

AI extract

Outcome

Order dated 05.10.2021 for issuance of NBW set aside. Liberty given to surrender within fortnight on cash security of Rs.3,000.

Issue for consideration

Whether to set aside the non-bailable warrant issued against the petitioner who was on bail and absent due to communication gap.

Detailed headnote1 paragraphs

Where an accused on bail fails to appear due to communication gaps, and a non-bailable warrant is issued without proper inquiry into the absence, the High Court can quash the warrant. The Court set aside the NBW dated 05.10.2021 passed under Sec. 138 N.I. Act, directing the petitioner to surrender within a fortnight on payment of cash security of Rs.3,000.

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.1589 of 2022

Gobinda Chandra Patra

…. Petitioner Mr. Manas Chand, Advocate

-versus-

State of Odisha and another

…. Opposite Parties Mr. A.N.Das, AGA for State

CORAM:

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

13.06.2022

1. This matter is taken up through hybrid arrangement (virtual/physical mode).

Heard learned counsel for the Petitioner and learned counsel for the State.

It is submitted on behalf of the Petitioner that the Petitioner is an accused in 1CC Case No.191 of 2009, pending in the court of J.M.F.C., Jajpur Road, for commission of alleged offences under Section 138 of N.I. Act. It is submitted that accused is on court bail and only on 05.10.2021 since the Petitioner remained absent and step was not taken on his behalf by the concerned Advocate, NBW of arrest was issued against the Petitioner. The said order is under challenged before this Court.

It is also submitted that due to communication gap, the

Page 1 of 2

// 2 //

Petitioner could not attend the court.

Considering the submission, it is directed that the order dated 05.10.2021 passed by the J.M.F.C., Jajpur Road for issuance of NBW against the Petitioner is set aside subject to cash security of Rs.3,000/- (Rupees Three thousand). Petitioner is given liberty to surrender before the aforesaid court in 1CC No.191 of 2009 within a fortnight hence, which shall be dealt with in accordance with law.

6. The CRLMC is accordingly disposed of.

Issue urgent certified copy as per rules.
( A.K. Mohapatra )
Vacation Judge

U.K. Sahoo

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to set aside the non-bailable warrant issued against the petitioner who was on bail and absent due to communication gap.

Parties & counsel

AI extract

petitioner
Gobinda Chandra Patra
respondent
State of Odisha

Coram

AI extract

A.K. Mohapatra

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 13 Jun 2022 · June
Registered: 9 Jun 2022
Case no.: CRLMC/1589/2022
CNR: ODHC010376422022
Topic: Cheque Dishonour
Bench: Aditya Kumar Mohapatra
Disposal: Disposed Off

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Aditya Kumar Mohapatra

Ankumar Majhi Vs State of Odisha
20 May 2022
Sahabdeen Vs State of Odisha
20 May 2022
Pitam Rout Vs State of Odisha
20 May 2022
Ratana @ Ratnakar Nayak Vs State of Odisha
13 Jun 2022
Prakash Pradhan Vs State of Odisha
13 Jun 2022
Debadatta Barik Vs State of Odisha
13 Jun 2022

Cite this judgement

Gobind Chandra Patra v. State of Odisha, CRLMC/1589/2022 (OD), decided on 13 June 2022.

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

Bench / Coram

A.K. Mohapatra

Parties & counsel