Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 365 of 2014
Amar Mohanty …. Petitioner(s)
Mr. Nilamadhab Dash, Advocate -versus- Leeza Rani Mishra …. Opposite party(s)
Mr. P.K. Samantasinghar, Advocate
CORAM:
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 02.07.2026
12.
1. This revision petition is arising out of the
judgment dated 29.03.2014 passed by the learned Addl. Sessions Judge, Bhubaneswar in Criminal Appeal No. 6/14 of 2013, whereby the judgment and order dated 28.02.2013 passed by the JMFC, Bhubaneswar in 1.C.C. No. 1589 of 2009 convicting the petitioner under Section 138 of the N.I. Act has been upheld. The learned trial court while convicting the petitioner for offence punishable under Section 138 of the N.I. Act, has directed the petitioner to pay a sum of Rs.75,000/- as compensation besides sentencing him to undergo S.I. for two months.
2. The convict-petitioner has filed this revision petition assailing the aforementioned judgment passed by the learned JMFC, Bhubaneswar which has been
upheld by the appellate court. The Criminal Revision is pending since 2014. Several attempts were made by this court for settling the dispute even by placing the matter before the Lok Adalat, but the petitioner has not cooperated and even not appeared before the Lok Adalat. When the matter was taken up on 18.05.2026, the counsel appearing for the petitioner submitted that out of the compensation amount of Rs.75,000/-, Rs.25,000/- has already been deposited before the court of learned JMFC, Bhubaneswar in 1.C.C. No. 1589 of 2009 and this Court directed the petitioner to pay remaining Rs.50,000/- out of the compensation amount to the respondent. Today, learned counsel for the petitioner has handed over a bank draft bearing no.505490 dated 01.07.2026 amounting to Rs.50,000/- to the learned counsel for the opposite party in Court, which he acknowledged and filed a receipt.
3.
Learned counsel for the opposite party submits that since the entire compensation amount has already been paid, the opposite party has no grievance left against the petitioner. However, he submits that Rs.25,000/- which has already been deposited before the learned JMFC, Bhubaneswar may be released in favour of the opposite party.
4. The prayer made by the learned counsel for the
opposite party deserves merit to be allowed. Accordingly, on the application to be moved by the opposite party/complainant, the learned JMFC, Bhubaneswar is directed to release Rs.25,000/-, which is lying deposited after verifying the identity of the opposite party.
5. Since the parties have settled their dispute, this Court is inclined to allow the revision petition. Accordingly, the judgment and order dated 28.02.2013 passed by the JMFC, Bhubaneswar in 1.C.C. No. 1589 of 2009 and judgment dated 29.03.2014 passed by the learned Addl. Sessions Judge, Bhubaneswar in Criminal Appeal No. 6/14 of 2013, is set aside.
6. The Criminal Revision is allowed.
Ashok
( S.S. Mishra) Judge
MOHAPATRA