Amulya Panda Vs State of Odisha

By judgment dated 30.08.2022, the learned SDJM, Bhadrak in ICC Case No. 65 of 2020 had convicted the Opposite Party for commission of offences punishable under Section 138 of the NI Act and sentenced him to undergo two months S.I. and to pay Rs.12 lakhs toward compensation.

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Criminal Appeal No. 19 of 2022 filed by the Opposite Party in the Court of the learned Sessions Judge, Bhadrak was dismissed by judgment dated 04.01.2023 and the conviction and sentence of the Opposite Party was confirmed. Thereafter, he had filed Criminal Revision No. 89 of 2023 before this Court which was disposed of on 04.05.2023 with the following order:-

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“ 11. Considering the submission made and in the facts and circumstances, while confirming the finding of conviction; the revision stands disposed of by setting aside the order of sentence of simple imprisonment for a period of two months and the Petitioner (accused) is directed to pay compensation at Rs.12,00,000/- (Rupees Twelve Lakhs) to the Opposite Party No.1 (complainant) in four equal installments; first one by the end of July, 2023; second one by the end of October, 2023; third one by the end of December, 2023; and the last one by the end of March, 2024 and in default of payment of the same by the time stipulated, the Petitioner (accused) would undergo simple imprisonment for a period of six (6) months.

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12. In case any amount is lying in deposit with the courts below as per the order of the Court and is accruing interest thereon, the same be adjusted towards the compensation in the last installment and the balance amount shall stand for being paid by the Petitioner (accused) failing which the default stipulation as above shall come into play and pressed into service.”

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As the Opposite Party did not comply with the order and pay the compensation as directed by this Court, in fine Misc. Case No. 296 of 2022, NBW had been issued against him. On 16.08.2024, the previous NBW along with distress warrant was

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recalled and fresh NBW along with the distress warrant of 12 lakh was issued against the Opposite Party.

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On 01.07.2025 passed in I.A. No. 440 of 2025 arising out of CRLREV No. 89 of 2023, this Court had granted the petitioner further time of two months as a last chance to comply with the court’s order dated 04.05.2023. In spite of the said order, the Opposite Party did not pay the compensation for which on 10.06.2025 direction had been issued by the learned SDJM, Bhadrak to the IIC to execute the NBW along with distress warrant against the Opposite Party. On 09.09.2025, notice was again issued to the IIC for execution of the NBW along with DW as the information had not been given to the IIC and the case posted to 19.12.2025 for execution of the NBW along with DW.

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On 02.02.2026, Mr. S. K. Rout, learned Additional Standing Counsel had been directed to obtain instruction from the IIC, Bhadrak(R) Police Station, as to why the NBW and DW have not been executed till date. 7. On 09.02.2026, it had also been directed that if the warrant was not executed before the next date, the I.I.C., Bhadrak Rural Police Station was required to file an affidavit giving details of steps taken since 04.05.2023 for execution of the DW and NBW, failing which he would remain present today i.e. 24.02.2026 to assist the Court in disposal of the CRLMP.

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Instructions dated 17.02.2026 of the I.I.C., Bhadrak Rural Police Station are produced by Mr. Ashok Kumar Apat, learned Additional Government Advocate, where it is stated that the accused has been apprehended on 12.02.2026 and forwarded to the Court of the learned S.D.J.M., Bhadrak on 13.02.2026.

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Mr. B.B. Agasti, learned counsel for the Petitioner does not dispute this position.

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In view of the development, the CRLMP is disposed of without issuing any direction to the learned S.D.J.M., Bhadrak. 11. Urgent certified copy of this order be granted on proper application.

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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 Reason: Authentication Location: Orissa High Court, Cutt ack Date: 28-Feb-2026 13:52:01

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Amulya Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Amulya Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Procedural history

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