Disposed¶26

Bijaya Manjari Satpathy v. Soroj Ranjan Parida

Orissa HC6 Feb 2026CRLMP/172/2026

Case brief

AI extract

What is this about?

CRLMP 172/2026 Orissa High Court Cuttack Savitri Ratho stay of further proceedings ICC 68/2013 Section 138 Negotiable Instruments Act 1881 complaint JMFC LR & LTV Angul transfer petition Tr.PC 1/2026 Sessions Judge Angul interim stay four weeks defence evidence 07.02.2026 notice 31.01.2026 appearance 13.02.2026 recall modification Bijaya Manjari Satpathy Saroj Ranjan Parida Mohit Agarwal IA 31/2026

What did the court decide?

Further proceedings in I.C.C. No. 68 of 2013 stayed till disposal of Tr.PC No. 1 of 2026 or for four weeks, whichever is earlier; learned Sessions Judge, Angul to dispose of the transfer petition on 13.02.2026 or within four weeks; liberty to Opposite Party to seek recall/modification. ¶26

Bijaya Manjari Satpathy Vs Soroj Ranjan Parida — Cheque Dishonour | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether further proceedings in I.C.C. No. 68 of 2013 before the learned J.M.F.C. (LR & LTV), Angul should be stayed pending disposal of Tr.PC No. 1 of 2026 (transfer petition before the learned Sessions Judge, Angul).

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Court's answer

Further proceedings in I.C.C. No. 68 of 2013 in the Court of the learned J.M.F.C. (LR & LTV), Angul shall remain stayed till disposal of Tr.PC No. 1 of 2026 by the learned Sessions Judge, Angul or for a period of four weeks, whichever is earlier.

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Ratio / Principle

The Court was of the view that, as the complaint was posted for defence evidence of the Petitioner and notice in the transfer application had been issued to the Opposite Party – complainant, it would be in the interest of justice that the further proceedings in I.C.C. No. 68 of 2013 are stayed till Tr.PC No. 1 of 2026 is disposed of by the learned Sessions Judge, Angul.

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Key takeaways

Since the I.C.C. case is of the year 2013, the learned Sessions Judge, Angul was directed to take steps for disposal of Tr.PC No. 1 of 2026 either on the complainant's date of appearance fixed as 13.02.2026 or within a period of four weeks from the date of this order.ratio¶22
The Court made clear that it has not gone into the merit of the application filed for transfer of the complaint case.obiter¶25
As the CRLMP and the accompanying I.A. were disposed of without notice to the Opposite Party, liberty was granted to him to file an application for recall / modification of this order if he is in anyway prejudiced by it.

Detailed headnote1 paragraphs

Orissa High Court (Savitri Ratho, J.), CRLMP No. 172 of 2026, order dated 06.02.2026: With the S.138 NI Act complaint I.C.C. No. 68 of 2013 (J.M.F.C. (LR & LTV), Angul) posted to 07.02.2026 for defence evidence, and the Petitioner's transfer petition Tr.PC No. 1 of 2026 pending before the Sessions Judge, Angul (notice issued 31.01.2026; appearance fixed 13.02.2026) without any interim stay, the High Court stayed further proceedings in the complaint till disposal of the transfer petition or four weeks, whichever is earlier, and directed the Sessions Judge, Angul to dispose of Tr.PC No. 1 of 2026 on 13.02.2026 or within four weeks. Merits of the transfer application were not gone into; the order was passed without notice to the Opposite Party, who was given liberty to seek recall/modification if prejudiced.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No. 172 of 2026

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Bijaya Manjari Satpathy …. Petitioner

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Mr. Mohit Agarwal, Advocate

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-versus-

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Saroj Ranjan Parida

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…. Opp. Party

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO ORDER

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Order No.

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06.02.2026

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(Through hybrid Mode)

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CRLMP No. 172 of 2026 & I.A. No. 31 of 2026

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This CRLMP has been filed for a direction for stay of further proceedings in I.C.C. No. 68 of 2013 in the Court of the learned J.M.F.C. (LR & LTV), Angul pending disposal of Tr. P.C. No. 1 of 2026 before the learned Sessions Judge, Angul.

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Mr. Mohit Agarwal, learned counsel for the Petitioner submits that the Petitioner had filed Tr.PC No. 1 of 2026 in the Court of the learned Sessions Judge, Angul for transfer of I.C.C. No. 68 of 2013 pending in the Court of the learned J.M.F.C. (LR & LTV), Angul under Section 138 of the Negotiable Instruments Act, 1881 to any other Court. Although the learned Sessions Judge, Angul by order dated 31.01.2026 issued notice to the Respondent and fixed the case to 13.02.2026 for his appearance,

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but did not pass any order to stay the further proceedings in I.C.C. No. 68 of 2013. As the complaint case is posted to 07.02.2026 for defence evidence of the Petitioner before the

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learned J.M.F.C. (LR & LTV), Angul, the transfer petition will be rendered infructuous as stay of further proceeding has not been granted by the learned Sessions Judge, Angul. On the query of the Court, if any, interim application was filed before the learned Sessions Judge for stay of further proceedings, he submits that he has filed the copy of the interim application which has been filed in the Court of the learned Sessions Judge, but no number has been assigned to the interim application and it is the practice in the Court of Session that separate numbers are not assigned to the interim applications filed with the main application.

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Considering the submissions of the learned counsel for the Petitioner that I.C.C. No. 68 of 2013 is posted to 07.02.2026 for defence evidence of the Petitioner and as the Petitioner has prayed for transfer of the complaint case and notice in the transfer application has been issued to the Opposite Party – complainant, I am of the view that it would be in the interest of justice that the further proceedings in I.C.C. No. 68 of 2013 are stayed till Tr.PC No. 1 of 2026 is disposed of by the learned Sessions Judge, Angul.

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It is accordingly directed that further proceedings in I.C.C. No. 68 of 2013 in the Court of the learned J.M.F.C. (LR & LTV), Angul shall remain stayed till disposal of Tr.PC No. 1 of 2026 or for a period of four weeks, whichever is earlier.

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It is however made clear that since the I.C.C. case is of the year 2013, the learned Sessions Judge, Angul will take steps for disposal of Tr.PC No. 1 of 2026 either on the date of appearance

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of the complainant i.e. on 13.02.2026 or within a period of four weeks from today.

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It is made clear that this Court has not gone into the merit of the application filed for transfer of the complaint case.

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As the CRLMP and I.A. are being disposed of without notice to the Opposite Party, liberty is granted to the Opposite Party to file application for recall / modification of this order if he is in anyway prejudiced by this order.

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Urgent certified copy of this order be granted on proper application in course of the day.

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(Savitri Ratho) Judge

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Sukanta

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Signature Not Verified

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Feb-2026 19:13:23

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Bijaya Manjari Satpathy v. Soroj Ranjan Parida

Case brief

What is this about?

What did the court decide?

Bijaya Manjari Satpathy v. Soroj Ranjan Parida

Case brief

What is this about?

What did the court decide?

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What the court decided

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