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2023 DAILYLAW 482 (ORI)

ASHOK RANJAN MOHANTY v. BRAJABANDHU MUDULI

CRLREV/97/2023 · 2026-04-29

V Narasingh

Criminal Appealbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No. 97 of 2023 Ashok Ranjan Mohanty …. Petitioner Mr. D. Das, Advocate -versus- Brajabandhu Muduli …. Opposite Party Mr. K.K. Gaya, Advocate CORAM: JUSTICE V. NARASINGH Order No. ORDER 29.04.2026 14. 1. Heard learned counsel for the Petitioner and learned counsel for the Opposite Party. 2. This criminal revision has been filed assailing the judgment dated 07.01.2023 passed by the learned Addl. Sessions Judge, Nimapara in Criminal Appeal No.6 of 2020 thereby, affirming order of conviction qua the Petitioner dated 12.03.2020 passed by the learned J.M.F.C. (2nd Court), Nimapara in 1 CC Case No.161 of 2017 (T.R. No.54 of 2020) under Section 138 of N.I. Act and imposing sentence to undergo simple imprisonment for a period of two years and to pay a compensation of Rs.2,00,000/- with interest thereupon and in default to undergo simple imprisonment for six months. 3. The dispute inter se between the parties have been settled in terms of the order dated 21.03.2025. The said order is culled out hereunder for convenience of reference; “xxx xxx xxx 2. Ms. Adyashakti Priya, learned counsel for the Petitioner by producing a bank draft amounting to Rs.30,000/- in the name of the OP- complainant submits that the Petitioner is ready and willing to settle the matter in terms of the compromise and accordingly, the Petitioner would pay Rs.1,75,000/- to the OP-complainant as a full and final settlement. Further, Ms. Priya made it clear that the revision-Petitioner has already deposited Rs.70,000/- before the learned trial Court/convicting Court and, therefore, the Petitioner would only pay Rs.75,000/- as remaining amount for final settlement in the matter. The bank draft is handed over to Mr. K.K. Gaya, learned counsel for the OP-complainant by retaining a receipt from him. The aforesaid receipt be kept on record for reference. Further, the learned trial Court/convicting Court shall disburse Rs.70,000/- if deposited by the revision- Petitioner-cum-accused before it, to the complainant-OP. xxx xxx xxx” 4. Learned counsel for the accused-Petitioner submits that the balance amount of Rs.75,000/- has been paid in the meanwhile. 5. Such submission is not opposed by the learned counsel for the Complainant, Mr. Gaya, on instruction. 6. In view of the same, the CRLREV is disposed of. 7. Accordingly, the judgment dated 07.01.2023 passed by the learned Addl. Sessions Judge, Nimapara in Criminal Appeal No.6 of 2020 thereby, affirming order of conviction qua the Petitioner and the judgment dated 12.03.2020 passed by the learned J.M.F.C. (2nd Court), Nimapara in 1 CC Case No.161 of 2017 (T.R. No.54 of 2020) is hereby set aside. 8. Liberty is granted to the complainant to furnish his account details before the learned Trial Court for enabling the amount of Rs.40,000/- along with accrued interest to be credited to his account as per the settlement noted herein above. Memo filed to the said effect by the learned counsel for the Opposite Party is taken on record. 9. UCC as per rules. (V. Narasingh) Judge Santoshi