The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 4506 of 2025 An application under Section 482 of the Code of Criminal Procedure. Krushna Chandra Patra ..…. Petitioner -------------- -versus- Anil Kumar Muduli …… Opp. Party ----------------------------------------------------------------------------- For Petitioners
Legal Reasoning
to prima facie evaluate the merits of the case, the defence plea, and other parameters / factors for considering the application. 8. Considering the status of the accused person, the reasons and the ground on which the application of the Petitioner has been rejected, I do not find any illegality in the order so as to interfere with the same. But in view of the conduct of the accused, who has been trying to delay disposal of the case, in my view interest of justice will be best served, if the learned trial court is requested to CRLMC No. 4506 of 2025 Page 5 of 6 make an endeavour for expeditious disposal of the case and not to grant any unnecessary adjournments. 9.
Arguments
: Mr. Bauri Bandhu Champatiry, Advocate For Opp. Party : Mr. Siba Narayan Biswal Additional Standing Counsel ----------------------------------------------------------------------------- CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO JUDGMENT 14.11.2025 Savitri Ratho, J This application has been filed challenging the order dated 25.08.2025 passed by the learned Judicial Magistrate First Class, Bhubaneswar in 1CC Case No. 5376 of 2023 rejecting the application of the Petitioner under Section 143-A of the Negotiable Instruments Act (in short, “NI Act”) to direct the accused- Opposite Party to deposit 20% of the cheque amount as interim compensation. CRLMC No. 4506 of 2025 Page 1 of 6 CASE OF THE COMPLAINANT 2. The brief fact of the case is that, the Petitioner being the Complainant has filed the Complaint Case u/s 138 of NI Act before the Court of the learned JMFC (III), Bhubaneswar for realization of Rs. 18,00,000/- from the accused which the accused had taken as hand loan from the Petitioner in shape of cash with an assurance of repayment within three months. But the accused had not paid the amount within the time and after much persuasion the accused had issued the cheque bearing no.597293, Dated 25.08.2023 of Rs. 18,00,000/- of SBI, Saranakul Branch, near Ladu Baba temple, Dist: Nayagarh, which has been dishonored. SUBMISSIONS 3. Mr. B. B. Champatiray, learned counsel for the petitioner submits that the accused had taken a hand loan of Rs.18 lakhs from the Petitioner by way of cash with an assurance to re-pay the same within three months. But, he failed to return the amount and after much persuasion had issued a cheque bearing No. 597293 dated 25.08.2023 for Rs. 18 Lakh to the Petitioner which was dishonored on being presented. Summons was initially issued against the accused, but thereafter on account of his non-appearance of the accused, bailable warrant was issued on 22.12.2023. As the CRLMC No. 4506 of 2025 Page 2 of 6 bailable warrant could not be executed, NBW has been issued against him on 19.06.2024. After great difficulty the Accused- Opposite Party was arrested on 30.09.2024 and produced before the executive Magistrate, Odagaon where he was released on bail with a condition to appear before the learned trial Court by 14.10.2024 but he did not appear before the trial Court, for which NBW was issued against on 19.11.2024 and a reminder was issued to the superintendent of Police, Nayagarh for execution of the Non- bailable warrant. The application filed by the Petitioner under Section 82 of the CrPC was rejected, but the Court again issued NBW against the Petitioner and notice to the bailer to appear in the Court on 22.03.2025. Thereafter, after execution of the NBW, the Petitioner has appeared before the Court of the learned JMFC-III, Bhubaneswar and was released on bail on 02.04.2025. The case was subsequently posted for personal appearance of the accused when the Petitioner filed the aforesaid application under Section 143-A of the NI Act. 4. Learned counsel for the Petitioner submits that in view of the decision of the Supreme Court in the case of Rakesh Ranjan Srivastav vs. State of Jharkhand; 2024 INSC 205, the learned trial Court should have directed the Opposite Party to deposit 20% of CRLMC No. 4506 of 2025 Page 3 of 6 the defaulted amount, but by an illegal order the learned trial Court has rejected the application by the impugned order. IMPUGNED ORDER 5. Perused the order dated 25.08.2025. The learned trial Court has rejected the application under Section 143-A of the NI Act after considering the submissions and case of both sides and concluding that the defence of the accused is found prima facie more plausible than that of the complainant and that the accused is a poor JCB driver and not in a position to pay any amount JUDICIAL PRONOUNCEMENTS 6. In the case of Rakesh Ranjan Srivastav (supra), the Hon’ble Supreme Court has observed as follows; “i. The court will have to prima facie evaluate the merits of the case made out by the complainant and the merits of the defence pleaded by the accused in the reply to the application. The financial distress of the accused can also be a consideration. ii. A direction to pay interim compensation can be issued, only if the complainant makes out a prima facie case. iii. If the defence of the accused is found to be prima facie plausible, the court may exercise discretion in refusing to grant interim compensation. CRLMC No. 4506 of 2025 Page 4 of 6 iv. If the court concludes that a case is made out to grant interim compensation, it will also have to apply its mind to the quantum of interim compensation to be granted. While doing so, the court will have to consider several factors such as the nature of the transaction, the relationship, if any between the accused and the complainant, etc. v. There could be several other relevant factors in the peculiar facts of a given case, which cannot be exhaustively stated. The parameters stated above are not exhaustive.” ANALYSIS AND CONCLUSION 7. As per the decision relied upon by the learned counsel for the Petitioner, this Supreme Court has observed that the Court has
Decision
The CRLMC is according disposed of. 10. Copy of this order be communicated to the learned trial court forthwith. …………………. (Savitri Ratho) Judge Orissa High Court, Cuttack. The 14th November, 2025. Subhalaxmi Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 28-Nov-2025 16:21:52 CRLMC No. 4506 of 2025 Page 6 of 6