Disposed¶20

Prasanna Kumar Khuntia v. Santosh Kumar Swain

Quashing – Section 482, Code of Criminal Procedure, 1973 – Infructuous application

Orissa HC8 Mar 2025CRLMC/2190/2023

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What is this about?

CRLMC No.2190 of 2023; Prasanna Kumar Khuntia (in person) v. Santosh Kumar Swain; High Court of Orissa at Cuttack; Justice M.S. Raman; order dated 08.03.2025 in 1st National Lok Adalat 2025; Section 482 CrPC quashing application; 1CC No.82 of 2018; learned JMFC Khandapara; acquittal judgment dated 01.06.2023; Section 138 NI Act - want of service of notice upon accused; Section 255(1) CrPC acquittal; disposed of as not pressed / infructuous.

What did the court decide?

The CRLMC stands disposed of as not pressed, the petitioner having stated that it had become infructuous following his acquittal in 1CC No.82 of 2018. ¶20

Prasanna Kumar Khuntia Vs Santosh Kumar Swain — Cheque Dishonour | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2190 of 2023

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Prasanna Kumar Khuntia

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Petitioner In person

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Santosh Kumar Swain …. Opposite Party None

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CORAM:

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JUSTICE MURAHARI SRI RAMAN

Order No.

01.

ORDER

08.03.2025

This case is taken up in the 1^st National Lok Adalat, 2025 through Hybrid mode.

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The Petitioner-Prasanna Kumar Khuntia appears in person.

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The Petitioner (accused in 1CC No.82 of 2018) filed a memo enclosing a photocopy of the judgment passed in 1CC No.82 of 2018 in Court today. The said memo be kept on record.

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This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the Petitioner to quash the Criminal Proceeding in 1CC No.82 of 2018 pending in the file of the learned J.M.F.C, Khandapara.

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The Petitioner, who appears in person, stated that during pendency of this application the learned J.M.F.C, Khandapara vide judgment dated 01.06.2023 passed in 1CC No.82 of 2018 has already acquitted him, he does not want to press this CRLMC as the same has become infructuous.

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Page 1 of 2

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Perused the judgment passed by the learned J.M.F.C, Khandapara in 1CC No.82 of 2018, wherein in paragraph 9, it has been held as follows:-

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“*** *** ***

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9. So, keeping in view of the above facts and circumstances of this case as well as the statutory provisions enshrined u/s-138 of the NI Act, this court holds that the complainant has not been able to establish its case u/s 138 of the NI Act for want of service of notice upon the accused person. Hence the accused person is not found guilty for the offences U/s. 138 of the N.I. Act, 1881. In a result, the accused person is acquitted therefrom as per Section 255(1) of the Cr.P.C. He is set at liberty forthwith and discharged from all bail bonds and surety. Enter this case as “Mistake of Fact” for statistical purpose.”

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In view of the above, this CRLMC stands disposed of as not pressed.

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(M.S. Raman, J.) 1^st National Lok Adalat

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MRS/Suchitra

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Signature Not Verified

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Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTA CK Date: 12-Mar-2025 11:42:31

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Page 2 of 2

Prasanna Kumar Khuntia v. Santosh Kumar Swain

Case brief

What is this about?

What did the court decide?

Prasanna Kumar Khuntia v. Santosh Kumar Swain

Case brief

What is this about?

What did the court decide?

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