Debasish Das Vs Harachand Giri — Cheque Dishonour | Orissa HC (2026)

Debasish Das Vs Harachand Giri — Cheque Dishonour | Orissa HC (2026)

What the court decided

AI extract

Outcome

CRLREV No.54 of 2025 along with pending Misc. Cases disposed of in terms of the mediation report dated 09.10.2025; order of conviction and sentence set aside; Opposite Party permitted to seek withdrawal of the settlement amount; revision to be revived upon violation of the settlement terms.

Issue for consideration

Whether the criminal revision assailing the Petitioner's conviction and sentence under Section 138 of Negotiable Instrument Act (confirmed in Criminal Appeal No.07 of 2024) should be disposed of in terms of the parties' mediated settlement.

Court's answer

The CRLREV along with pending Misc. Cases stand disposed of in terms of the mediation report dated 09.10.2025, which forms part of the record.

Ratio / Principle

The order of conviction and sentence against the Petitioner is set aside consequent upon the mediated settlement.

Key takeaways

The Opposite Party is at liberty to seek steps for withdrawal of the amount in terms of the mediation report passed by the learned Mediator.ratio¶21
In the event of any violation of the terms of the settlement reached through mediation, this revision shall be revived at the instance of the aggrieved party.ratio¶22

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice V. Narasingh), CRLREV No.54 of 2025, order dated 27.01.2026 — Debasish Das v. Harachand Giri: Criminal revision against conviction of the Petitioner under Section 138 of Negotiable Instrument Act by the learned S.D.J.M., Baripada (1CC Case No.100 of 2021, judgment dated 12.01.2024), as confirmed by the learned Additional District and Sessions Judge, Baripada, Mayurbhanj (Criminal Appeal No.07 of 2024, judgment dated 17.12.2024). Pursuant to the Court's direction dated 23.07.2025, the parties settled amicably before the High Court Mediation Centre, Cuttack (mediation report dated 09.10.2025). The CRLREV and pending Misc. Cases were disposed of in terms of the mediation report; the order of conviction and sentence was set aside; the Opposite Party was left free to seek withdrawal of the amount per the settlement; and the revision will revive at the instance of the aggrieved party if the settlement terms are violated.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV No.54 of 2025

Debasish Das

Petitioner

Mr. H.K. Mohanta, Advocate

-versus-

Harachand Giri

…. Opposite Party

Mr. A.K. Biswal, Advocate

CORAM: JUSTICE V. NARASINGH ORDER

27.01.2026

Order No.

1. Heard learned counsel for the Petitioner and learned counsel for the Opposite Party.

This Criminal Revision has been filed assailing the judgment dated 17.12.2024 passed by the learned Additional District and Sessions Judge, Baripada, Mayurbhanj in Criminal Appeal No.07 of 2024 confirming the judgment dated 12.01.2024 passed by the learned S.D.J.M., Baripada in 1CC Case No.100 of 2021, wherein the learned Trial Court convicted the Petitioner under Section 138 of Negotiable Instrument Act.

Vide order dated 23.07.2025, this Court directed the parties to appear before the High Court Mediation Centre at Cuttack.

Pursuant to the said direction, both the parties appeared before the said Mediation Centre and after

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persuasion of the learned Mediator, both the parties decided to settle the dispute amicably on certain terms and conditions, which is on record. For convenience of reference the mediation report dated 09.10.2025 is extracted hereunder:-

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In such view of the matter, the CRLREV along with pending Misc. Cases stand disposed of in terms of the mediation report which shall form part of the record. The order of conviction & sentence is accordingly set aside.

The Opposite Party is at liberty to seek steps for withdrawal of the amount in terms of the mediation report passed by the learned Mediator which is extracted hereinabove.

It is needless to state that in the event there is any violation of the terms of the settlement through mediation, this revision shall be revived at the instance of the aggrieved party.

(V. Narasingh) Judge

Ayesha

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 28-Jan-2026 10:54:39

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