Nrusingh Charan Biswal@Tukuna Biswal Vs State of Odisha — Cheque Dishonour | Orissa HC (2024)

Nrusingh Charan Biswal@Tukuna Biswal Vs State of Odisha — Cheque Dishonour | Orissa HC (2024)

What the court decided

AI extract

Outcome

The CRLMC is allowed: the order/NBW dated 03.11.2022 of the learned J.M.F.C.-II, Bhubaneswar in ICC No.2736 of 2019 is set aside, subject to payment of Rs.1,500/- cost to the Advocates' Welfare Fund of Local Bar Association within fifteen days with money receipt, and subject to the Petitioner appearing before the trial court within ten days and continuing to participate without further default, failing which coercive steps may be taken.

Issue for consideration

Whether the order/NBW dated 03.11.2022 issued by the learned J.M.F.C.-II, Bhubaneswar in ICC No.2736 of 2019 should be set aside so as to afford the Petitioner another opportunity to appear and participate in the trial.

Court's answer

On perusal of the record, the trial court has not committed any illegality in issuing the NBW.

Ratio / Principle

In the larger interests of justice and to provide another opportunity to the Petitioner, the order dated 03.11.2022 passed by the learned J.M.F.C.-II, Bhubaneswar in ICC No.2736 of 2019 is set aside, subject to payment of a cost of Rs.1,500/- by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within fifteen days with furnishing of money receipt in proof of deposit.

Key takeaways

The Petitioner is directed to appear before the learned J.M.F.C.-II, Bhubaneswar within ten days along with a copy of the order and to continue to participate in the proceeding without any further default; in the event of any further default in appearance, the Court in seisin over the matter may take necessary coercive steps against the Petitioner.ratio¶21

Detailed headnote1 paragraphs

CRLMC allowed. In a proceeding arising out of an NI Act case (ICC No.2736 of 2019 before the learned J.M.F.C.-II, Bhubaneswar), the High Court held that the trial court had committed no illegality in issuing a non-bailable warrant dated 03.11.2022 after the Petitioner pleaded ignorance of the earlier summons. However, in the larger interests of justice and to provide another opportunity, the Court set aside the order dated 03.11.2022, subject to the Petitioner paying a cost of Rs.1,500/- to the Advocates' Welfare Fund of the Local Bar Association within fifteen days with money receipt in proof of deposit, and directed the Petitioner to appear before the learned J.M.F.C.-II, Bhubaneswar within ten days with a copy of the order and continue to participate in the proceeding without further default, failing which the Court in seisin could take necessary coercive steps. (Aditya Kumar Mohapatra, J.; decision dated 28.08.2024.)

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3025 of 2024

Nrusingh Charan Biswal@tukuna Biswal

..... Petitioner

Represented By Adv. - Sukanta Kumar Dalai

-versus-

1) State Of Odisha

1. Bhabagrahi Jhatak Singh

.....

Opposite Parties Represented By Adv. – Mr. D. Nayak, AGA

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

28.08.2024

Order No.

01.

This matter is taken up through Hybrid mode.

Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

It appears that the proceeding arises out of NI Act proceeding. Learned counsel for the Petitioner submitted that initially summons were issued to the Petitioner, however, the same was not within the knowledge of the present Petitioner. Therefore, the learned trial Court has issued an NBW on 03.11.2022 and the Police searched for the Petitioner. The Petitioner came to learn about the summons as well as the subsequent NBW. Learned counsel for the Petitioner further submitted that he is ready and willing to cooperate with the trial and appear before the trial Court on each and every date fixed.

On perusal of the record, this Court is of the view that the trial

Page 1 of 2.

court has not committed any illegality, however, in the larger interests of justice and in order to provide another opportunity to the Petitioner, this Court deems it proper to set aside the order dated 03.11.2022 by the learned J.M.F.C.-II, Bhubaneswar in ICC No.2736 of 2019, subject to payment of a cost of Rs.1,500/- by the Petitioner to the Advocates’ Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. Further, it is directed that the Petitioner shall appear before the learned J.M.F.C.-II, Bhubaneswar within ten days from today along with a copy of today’s order and shall continue to participate in the proceeding without any further default. In the event, the Petitioner makes any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner.

In such view of the matter, the CRLMC is allowed.

( A.K. Mohapatra ) Judge

S.K. Rout

Signature Not Verified

Digitally Signed Signed by: SANTANU KUMAR ROUT Page 2 of 2. Reason: Authentication Location: High Court of Orissa, C utta ck Date: 02-Sep-2024 12:21:02