Akula Venkateswar Rao Vs M/S.Sandeep Traders — Cheque Dishonour | Orissa HC (2026)

Akula Venkateswar Rao Vs M/S.Sandeep Traders — Cheque Dishonour | Orissa HC (2026)

What the court decided

AI extract

Outcome

CRLMC disposed of with directions: petitioner to appear before the trial Court on or before 5th June, 2026; trial Court to attempt settlement through mediation on his appearance; liberty to file a fresh application u/s. 205 Cr.P.C at the appropriate stage if the trial proceeds, to be decided on its own merit; N.B.W. of 04.12.2023 not to be executed in the meantime subject to the petitioner appearing as directed.

Issue for consideration

Whether the High Court should interfere with the order dated 04.12.2023 of the learned S.D.J.M., Rayagada rejecting the petitioner's application under Section 205 Cr.P.C. and issuing an N.B.W. against him in I.C.C. Case No.14 of 2022, and what relief/directions should be given regarding his appearance before the trial Court.

Ratio / Principle

Taking into consideration that the complaint is pending since 2022, the petitioner is directed to appear before the trial Court on or before 5th June, 2026, and on his appearance the learned trial Court shall make an attempt to settle the dispute through mediation.

Key takeaways

If the dispute is not settled through mediation and the trial proceeds, the petitioner is at liberty to file an appropriate application u/s. 205 Cr.P.C at the appropriate stage before the trial Court, and if moved, the Court below shall decide the same on its own merit.ratio¶¶18
The N.B.W. stated to have been issued against the petitioner pursuant to the order dated 04.12.2023 shall not be executed in the meantime, subject to the petitioner appearing before the trial Court as directed.ratio¶¶20

Detailed headnote1 paragraphs

HIGH COURT OF ORISSA AT CUTTACK (Sibo Sankar Mishra, J.) — CRLMC No.147 of 2024, order dated 18.05.2026. Petitioner challenged the order dated 04.12.2023 of the learned S.D.J.M., Rayagada in I.C.C. Case No.14 of 2022 (a complaint under Section 138 N.I. Act pending since 2022) whereby his application under Section 205 of the Cr. P.C. was rejected and an N.B.W. was issued. The Court did not reverse the rejection; instead, considering that the complaint had been pending since 2022, it directed the petitioner to appear before the trial Court on or before 5th June, 2026, on which appearance the trial Court was to attempt settlement of the dispute through mediation. If the dispute was not settled through mediation and the trial proceeded, the petitioner was left at liberty to file an appropriate application u/s. 205 Cr.P.C at the appropriate stage, to be decided by the Court below on its own merit. The N.B.W. issued pursuant to the order dated 04.12.2023 was ordered not to be executed in the meantime, subject to the petitioner appearing before the trial Court as directed. With this liberty, the CRLMC was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.147 of 2024

Akula Venkateswar Rao …. Petitioner

Mr. Ashok Das, Advocate

-versus-

M/s. Sandeep Traders. …. Opp. Party

Mr. Biraja Prasanna Das, Advocate

Order No.

CORAM: JUSTICE SIBO SANKAR MISHRA ORDER

18.05.2026

1. The petitioner is aggrieved by the order dated

04.12.2023 passed by the learned S.D.J.M., Rayagada in I.C.C. Case No.14 of 2022, whereby his application under Section 205 of the Cr. P.C. has been rejected.

2. Learned counsel for the petitioner submits that vide the order dated 04.12.2023 learned trial Court while rejecting the application of the petitioner under Section 205 of the Cr. P.C. has also issued the N.B.W. against the petitioner.

3. Mr. Biraja Prasanna Das, learned counsel for the opposite party submits that repeatedly summons were

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issued to the petitioner. Even after issuance of the summons, the petitioner has not appeared before the trial Court even for once. The I.C.C. Case No.14 of 2022 initiated by the opposite party under section 138 N.I. Act has been pending since 2022.

4. Regard being had to the submissions made by the learned counsel for the respective parties and taking into consideration the fact that the complaint is pending since 2022, the petitioner is directed to appear before the trial Court on or before 5^th June, 2026 and the learned trial Court on his appearance shall make an attempt to settle the dispute through the mediation. If the dispute is not settled through the mediation and the trial of the case proceeds, the petitioner is at liberty, to file appropriate application u/s. 205 Cr.P.C at the appropriate stage before the trial Court. If such application is moved the Court below shall decide the same on its own merit.

5. With the aforementioned liberty, the CRLMC is disposed of.

6. The N.B.W. stated to have been issued against the petitioner pursuant to the order dated 04.12.2023 shall not

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be executed in the meantime subject to the petitioner

appearing before the trial court as directed.

(S.S. Mishra)

Subhasis

Judge

Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 18-May-2026 19:42:31

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