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2023 DAILYLAW 756 (ORI)

ASHOK KUMAR BISWAL v. STATE OF ODISHA

CRLMC/4868/2023 · 2026-05-15

Sibo Sankar Mishra

body2023

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 4868 of 2023 Ashok Kumar Biswal …. Petitioner None -versus- State of Odisha & Anr. …. Opp. Party Ms. S. Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 15.05.2026 04. Ashok 1. None appears for the petitioner on second call. 2. The petitioner is assailing the order dated 20.05.2022 in 1CC Case No. 2339 of 2020, whereby the learned SDJM, Bhubaneswar has taken cognizance of offence under Section 138 of the NI Act against him. 3. The petition is pending since 2023. This Court has not stayed the proceeding in the file of 1CC Case No. 2339 of 2020 pending before the learned SDJM, Bhubaneswar. 4. In view of lapse of time and in view of the statutory command under Section 143 (3) of the N.I. Act that the proceeding initiated under the NI Act needs to be disposed of within six months, the matter cannot be kept pending for such a long time. In any case, since the petitioner is not interested to prosecute the matter, the CRLMC is dismissed for non- prosecution. (S.S. Mishra) Judge MOHAPATRA