Disposed¶17

Chinmaya Kar v. State of Odisha

Orissa HC27 Jan 2026CRLMP/36/2026

Case brief

AI extract

What is this about?

CRLMP No. 36 of 2026; Orissa High Court at Cuttack; Savitri Ratho; 27.01.2026; Chinmay Kar v. State of Orissa and Parsuram Das; expedite trial ICC No. 513 of 2022; JMFC (IV)/JMFC-IV Cuttack; Section 138 Negotiable Instrument Act (NI Act); cognizance 19.09.2022; Section 205 Cr.P.C. exemption; settlement undertaking six monthly installments October 2023; non-payment; bailable warrant 18.04.2024; NBW 29.07.2024; Section 239 Cr.P.C. discharge application; dilatory tactics; kidney disease KIIMS Bhubaneswar; disposal with request for expeditious disposal and no unnecessary or long adjournments.

What did the court decide?

Request to the learned JMFC-IV, Cuttack to dispose of ICC Case No. 513 of 2022 expeditiously and not to grant unnecessary or long adjournments; the specific prayer for conclusion within four months was not granted in terms.

Chinmaya Kar Vs State of Odisha — Cheque Dishonour | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the learned JMFC (IV), Cuttack to conclude the trial in ICC No. 513 of 2022 against Opposite Party No. 2 (offence under Section 138 NI Act) within a stipulated period, preferably four months, given pendency since 2022 and the petitioner's urgent need of money.

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Court's answer

Considering the case has been pending since 2022, the Court disposed of the CRLMP requesting the learned JMFC-IV, Cuttack to make an endeavor to dispose of ICC Case No. 513 of 2022 expeditiously and, for that purpose, not to grant unnecessary or long adjournments; rather than fixing the four-month deadline prayed for, the Court confined itself to an exhortation for expedition.

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Detailed headnote1 paragraphs

CRLMP No. 36 of 2026 (Orissa High Court, Savitri Ratho, J., 27.01.2026): Petitioner Chinmay Kar, complainant in ICC No. 513 of 2022 before JMFC (IV), Cuttack for offence under Section 138 NI Act against Opposite Party No. 2 Parsuram Das, sought a direction to conclude the trial within four months. Cognizance was taken on 19.09.2022; the accused appeared on 23.06.2023, obtained Section 205 Cr.P.C. exemption the same day, and filed an affidavit undertaking to clear dues in six monthly installments from October 2023 but did not pay; a bailable warrant (18.04.2024) and NBW (29.07.2024) issued; the accused, alleged to be adopting dilatory tactics, recently moved a Section 239 Cr.P.C. discharge application. The petitioner pleaded urgent need of money owing to kidney disease treatment at KIIMS, Bhubaneswar. The Court disposed of the CRLMP requesting the JMFC-IV to expedite disposal of the case and not to grant unnecessary or long adjournments, without imposing the four-month timeline prayed for.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 36 of 2026

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Chinmay Kar

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Petitioner

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Mr. Kashinath Pattanaik, Advocate

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-versus-

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1. State of Orissa Opposite Party 2. Parsuram Das ….. Mr. Saroj Kumar Rout, Additional Standing Counsel

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO ORDER

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27.01.2026

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Order No. 01.

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(Through hybrid Mode)

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This CRLMP has been filed with the prayer to direct the learned JMFC (IV), Cuttack to conclude the trial in ICC No. 513 of 2022 against the Opposite Party No.2 for commission of an offence under Section 138 of the Negotiable Instrument Act within a stipulated period preferably within four months.

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Mr. Pattanaik, learned counsel for the petitioner submits that this ICC case had been preferred in the year 2022. On 19.09.2022, cognizance of the offence under Section 138 of the Negotiable Instrument Act (NI Act) was taken. On 23.06.2023, the accused had entered his appearance. On the same day, he had filed an application under Section 205 of the Cr.P.C., which was allowed on the same day and on the same day he filed a memo and undertaking in shape of an affidavit stating that the matter had been settled between the parties, for which he would clear the dues in six monthly installments commencing from October, 2023. But it appears that he did not make payment. On 18.04.2024, bailable warrant was issued against him followed by issue of NBW on 29.07.2024. He further

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submits that the petitioner is suffering from Kidney disease and is being treated in KIIMS, Bhubaneswar, for which he has urgent need of money, but the accused is adopting dilatory tactics to delay disposal of the trial and has recently filed an application under Section 239 of the Cr.P.C. for discharge.

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Considering the fact that the case is pending since the year 2022, the CRLMP is disposed of requesting the learned JMFC-IV, Cuttack to make an endeavor to dispose of ICC Case No. 513 of 2022 expeditiously and for the said purpose not to grant unnecessary or long adjournments in this case.

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The CRLMP is disposed of with the aforesaid observation.

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(Savitri Ratho) Judge

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Subhalaxmi

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Signature Not Verified

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Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 28-Jan-2026 19:55:50

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Chinmaya Kar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chinmaya Kar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Coram

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