Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.773 of 2009
Asit Kumar Balabantaray …. Petitioner
Mr. M.K. Dash, Advocate -versus- K. Chandra Rao
…. Opp. Party
None
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 30.06.2026
29.
1. Vide judgment dated 20.05.2008, the petitioner has been convicted by the Court of the learned J.M.F.C., Jeypore for the offence punishable under Section 138 of the N.I. Act for dishonor of cheque of Rs.20,000/- in I.C.C. No.121 of 2006. He was sentenced to undergo S.I. for one year and was also directed to pay a compensation of Rs.20,000/- to the complainant/respondent. The said
judgment of conviction and the order of sentence was assailed by the petitioner before the Court of the learned Additional Sessions Judge, Fast Track Court, Jeypore in Criminal Appeal No.58 of 2008. The First Appellate Court vide judgment dated 24.03.2009 upheld the judgment of conviction and the order of sentence passed by the learned J.M.F.C., Jeypore. Hence, this Criminal Revision. p. 2
2. The matter was heard many times by this Court and eventually placed in the National Lok Adalat. But the respondent/complainant did not participate in the proceedings.
3.
Learned counsel for the petitioner submits that his client is willing to make good the entire cheque amount. However, due to non-appearance of the complainant/ respondent, the amount could not be made over to him.
4. In view of the statement made by the learned counsel for the petitioner and since the respondent/ complainant has been absent in the present proceeding since last many hearings, I am inclined to dispose of the Criminal Revision with a direction to the petitioner to deposit the compensation amount of Rs.25,000/- before this Court as has been awarded by the Courts below, within a period of fifteen days from today. The said amount will be deposited by the petitioner before this court. On such deposit, the Registry shall invest the said amount in an interest bearing account. Liberty is granted to the respondent to move appropriate application before the Registrar of this court for release of the amount. In the event, such application is p. 3 Subhasis moved, the registry shall disburse the amount in favour of the Respondent/complainant on proper verification.
5. In view of the aforementioned direction, the judgment of conviction and the order of sentence dated 20.05.2008 passed by the learned J.M.F.C., Jeypore in I.C.C. Case No.121 of 2006 and the judgment dated 24.03.2009 passed by the learned Additional Sessions Judge, Fast Track Court, Jeypore in Criminal Appeal No.58 of 2008 stands set-aside.
6. The Criminal Revision petition is allowed.
(S.S. Mishra) Judge
Designation: Personal Assistant Location: High Court of Orissa, Cuttack.