Md.Mujibar Rahaman Vs Sk.Abdul Farid — Cheque Dishonour | Orissa HC (2025)

Md.Mujibar Rahaman Vs Sk.Abdul Farid — Cheque Dishonour | Orissa HC (2025)

What the court decided

AI extract

Outcome

The NBW order dated 12.03.2024 passed by the learned S.D.J.M., Sadar, Cuttack in I.C.C. Case No.958 of 2018 was set aside, subject to payment of Rs.1,000/- cost to the Advocates' Welfare Fund of the Local Bar Association within fifteen days (with money receipt as proof of deposit), appearance before the court in seisin within twenty days with a copy of the order, and continued participation in the proceeding without further default, failing which coercive steps may be taken.

Issue for consideration

Whether the order dated 12.03.2024 issuing a non-bailable warrant of arrest against the Petitioner in I.C.C. Case No.958 of 2018 should be set aside, in view of the Petitioner's readiness to surrender and appear before the court below.

Court's answer

The trial court committed no illegality in issuing the non-bailable warrant of arrest against the Petitioner.

Ratio / Principle

The order dated 12.03.2024 passed by the learned S.D.J.M., Sadar, Cuttack in I.C.C. Case No.958 of 2018 is set aside, subject to the Petitioner paying cost of Rs.1,000/- (Rupees one thousand) to the Advocates' Welfare Fund of the Local Bar Association within fifteen days and furnishing the money receipt thereof as proof of deposit.

Key takeaways

The Petitioner is directed to appear before the Court in seisin over the matter within twenty days from the date of the order, along with a copy of the order, and to continue to participate in the proceeding without any further default.ratio¶5
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.ratio¶5

Detailed headnote1 paragraphs

Orissa High Court (Aditya Kumar Mohapatra, J.), CRLMC No.661 of 2025, Md. Mujibar Rahaman v. Sk.Abdul Farid, order dated 25.06.2025. The Petitioner challenged a non-bailable warrant of arrest issued against him on 12.03.2024 by the learned S.D.J.M., Sadar, Cuttack in I.C.C. Case No.958 of 2018, a proceeding under Section 138 of the N.I. Act, after his non-appearance owing to illness. While holding that the trial court had not committed any illegality, the Court set aside the order dated 12.03.2024 subject to: (i) payment of cost of Rs.1,000/- (Rupees one thousand) by the Petitioner to the Advocates' Welfare Fund of the Local Bar Association within fifteen days with money receipt as proof of deposit; (ii) appearance before the Court in seisin within twenty days with a copy of the order; and (iii) continued participation in the proceeding without further default, failing which the trial court was left free to take necessary coercive steps. The CRLMC was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.661 of 2025

Md. Mujibar Rahaman

.....

Petitioner

Represented By Adv. – Mr. Ranjit Mohanty

-versus-

Sk.Abdul Farid

..... Opposite Party

Represented By Adv. –

Mr. U.C. Jena, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

25.06.2025

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

Heard learned counsel for the parties and perused the record.

The Petitioner is aggrieved by the order dated 12.03.2024 on which date the NBW of arrest has been issued against him by the learned S.D.J.M., Sadar, Cuttack in I.C.C. Case No.958 of 2018.

It is stated by the learned counsel for the Petitioner that the present case arises out of a proceeding under Section 138 of N.I. Act. He further submitted that initially summons was issued and the Petitioner was appearing before the court below. However, due to illness of the Petitioner, the Petitioner could not appear before the court below, as a result of which, N.B.W. of arrest was issued. However, it is stated that now the Petitioner is ready and willing to surrender before the court below and appear on each and every date of posting of the case and he shall cooperate for early conclusion of

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the trial.

In view of the factual background of the present case, this Court is of the view that trial court has not committed any illegality. However, keeping in view the fact that the case is pending, this Court deems it proper to set aside the order dated 12.03.2024 passed by the learned S.D.J.M., Sadar, Cuttack in I.C.C. Case No.958 of 2018, subject to payment of cost of Rs.1,000/- (Rupees one thousand) by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioner shall appear before the Court in seisin over the matter within twenty days from today along with a copy of this 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.

The CRLMC is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge

Debasis

Signature Not Verified

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 29-Jun-2025 17:46:42

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