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2022 DAILYLAW 725 (ORI)

PRANAYA KUMAR @ GOPAL SINGH v. MANOJ KUMAR AGRAWAL

CRLMC/155/2022 · 2026-02-19

Miss Savitri Ratho

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 155 of 2022 Pranaya Kumar @ Gopal Singh ….. Petitioner Ms. S. C. Hanuman, Advocate on behalf of Mr. S. K. Singh, Advocate -versus- Manoj Kumar Agarwal ….. Opp. Parties Mr. Prayash Mohanty, Advocate on behalf of Mr. Gouri Mohan Rath, Advocate CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 19.02.2026 Order No. 09. (Through hybrid Mode) 1. This CRLMC has been filed challenging the order dated 06.04.2021 passed by the learned SDJM, Panposh, Rourkela in ICC No. 490 of 2010. 2. Ms. S. C. Hanuman, learned counsel appearing on behalf of Mr. S. K. Singh, learned counsel for the petitioner files a memo signed by Mr. S. K. Singh, learned counsel where it is stated that the petitioner does not want to proceed in this application so it may be permitted to be withdrawn. 3. Mr. Haripad Mohanty, learned counsel for the Opposite Party submits that while confirming the conviction of the Petitioner under section 138 of the N.I. Act in CRLREV No. 408 of 2012 by order dated 13.09.2019, this Court taking into account the payments already made by the Petitioner, set aside the order of sentence directing the accused to undergo simple imprisonment for a period of one year and directed the balance amount of Rs.8,00,000/- would p. 2 be paid within a period of four months failing which he would undergo simple imprisonment for a period of six months. But he did not pay the compensation within the period as directed by this Court vide order dated 13.09.2019 and prayed for extension of time. In I.A. No. 144 of 2020, this Court had extended time for making the payment for further period by three months vide order dated 02.03.2020. The time was further extended for further period of three months vide order dated 26.06.2020 and by order dated 03.12.2020, the time was again extended for a period of four months. In the meanwhile, the period of four months has expired but the Petitioner has not paid the entire balance amount for which warrant of imprisonment has been issued against the Petitioner by learned SDJM, Panposh, Rourkela vide order dated 06.04.2021. 4. It is stated by Mr. Mohanty, learned counsel for the Opposite Party that in the meanwhile, the Petitioner has deposited Rs.5,00,000/- before this Court which has been withdrawn by the Opposite Party. Further amount of Rs.3,00,000/- (Rupees Three Lakhs only) remains to be paid. 5. Since the petitioner wants to withdraw the CRLMC, the CRLMC is disposed of as withdrawn. 6. The learned trial Court is directed to proceed in accordance with law keeping in view that the Criminal Revision No. 408 of 2012 had been dismissed by this Court and an amount of Rs.3,00,000/- (Rupees Three Lakhs only) remains to be paid. (Savitri Ratho) Judge Subhalaxmi Designation: Senior Stenographer