Siva Prasad Rath Vs Superintendent of Police,Ganjam

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Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTT ACK Date: 02-Jul-2026 19:16:25

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1639 of 2026

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Siva Prasad Rath

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…. Petitioner(s)

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Mr. Pratap Chandra Chhinchani, Adv.

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-versus-

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Superintendent of Police, Ganjam & Ors.

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…. Opposite Party(s)

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Mr. Tej Kumar, ASC

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CORAM:

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HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI ORDER

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Order No. 03.

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01.07.2026

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1. This matter is taken up through hybrid

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arrangement.

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2. Pursuant to the order of this Court dated 29.06.2026, the I.I.C., Baidyanathpur Police Station appeared through virtual mode and submitted a compliance report dated 30.06.2026, which is taken on record. The relevant portion thereof reads as follows:

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“………..With reference to the subject cited above, I have the honour to submit the following compliance status report for your kind perusal and necessary action before the Hon'ble High Court. The Hon'ble Court directed the IIC, Baidyanathpur PS, Berhampur to execute the Non-Bailable Warrant (NBW) dated 20.02.2024 and properties attachment processes under

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Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTT ACK Date: 02-Jul-2026 19:16:25

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Sections 82 & 83 of the CrPC dated 09.07.2024 against the accused Pradeep Singh. Upon verification of the Police Station records to execute the order, it was found that no such warrant corresponding to ICC No. 493/2013 against the accused Pradeep Singh is currently pending or received at Baidyanathpur PS. In compliance with the Hon'ble High Court's intent, a formal prayer has been submitted before the Hon'ble Court of the SDJM, Berhampur, requesting the fresh issuance of the NBW against the accused Pradeep Singh, MD & Chief Executive, Green India Infra Project Ltd. & Green India Multi-State Member's Credit Cooperative Society Ltd of Ajodhya Nagar, 2nd Lane, Near Nandighosh Apartment, Berhampur, PS-B.N. Pur, Dist-Ganjam. The fresh order/issuance of the NBW from the learned SDJM Court, Berhampur is currently awaited. The execution will be carried out immediately upon receipt. Today i.e on 30.06.2026 in the evening IIC Baidyanathpur PS received one recall order from the Hon'ble court of SDJM, Berhampur vide Letter No-2764 Dt.30.06.2026 in favour of the accused Pradeep Singh, MD & Chief Executive, Green India Infra Project Ltd. & Green India Multi-State Member's Credit Cooperative Society Ltd of Ajodhya Nagar, 2nd Lane, Near Nandighosh Apartment, Berhampur, PS-B.N. Pur, Dist-Ganjam as he surrendered before the Hon'ble court of SDJM, Berhampur .”

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Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTT ACK Date: 02-Jul-2026 19:16:25

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3. In view of the above report, it appears that the accused has surrendered before the learned SDJM, Berhampur and the earlier Non-Bailable Warrant has consequently been recalled by the said Court.

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4. This Court cannot lose sight of the fact that the complaint case is of the year 2013 and pertains to an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The legislative intent behind the incorporation of Chapter XVII of the Negotiable Instruments Act is to enhance the credibility and acceptability of cheques in commercial and financial transactions and to ensure the efficacy of banking operations by providing a speedy and effective criminal remedy in cases of dishonour of cheques. The object of the enactment would stand substantially frustrated if prosecutions under Section 138 are permitted to remain pending for an unduly long period.

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5. The Supreme Court has, on several occasions, emphasized that complaints under Section 138 of the Negotiable Instruments Act are required to be dealt with on a priority basis and disposed of with utmost expedition, keeping in view the summary nature of the proceedings contemplated under the Act and the object sought to be achieved by the legislature. Delay in the adjudication of such complaints not only defeats the legislative mandate

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Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTT ACK Date: 02-Jul-2026 19:16:25

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but also erodes the confidence of litigants in the efficacy of the statutory remedy.

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6. Accordingly, having regard to the age of the present complaint and the fact that the accused has already surrendered before the learned trial Court, this Court considers it appropriate to request the learned S.D.J.M., Berhampur, to accord priority to the present case and make every endeavour to conclude the trial as expeditiously as possible, preferably within a period of three months from the date of communication of this order, subject to there being no legal impediment. The learned trial Court shall regulate the proceedings in accordance with law and shall, as far as practicable, avoid granting unnecessary adjournments to either party except for compelling and unavoidable reasons to be recorded in the order sheet. The parties are also directed to extend full cooperation to the learned trial Court for early conclusion of the proceedings.

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7. With the aforesaid observation and directions, the CRLMC stands disposed of.

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8. Interim order, if any, stands vacated.

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9. A free copy of this order be communicated to the learned trial Court for compliance.

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Sipun

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Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTT ACK Date: 02-Jul-2026 19:16:25

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10. The personal appearance of the I.I.C., Baidyanathpur Police Station is dispensed with.

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(Dr. Sanjeeb K Panigrahi) Judge

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Siva Prasad Rath v. Superintendent of Police,Ganjam

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Siva Prasad Rath v. Superintendent of Police,Ganjam

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