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2023 DAILYLAW 758 (ORI)

PRADIP MANNA v. AMARDEEP BEHERA

CRLMC/4464/2023 · 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. 4464 of 2023 Pradip Manna …. Petitioner Mr. A.K. Mishra, Advocate -versus- Amardeep Behera …. Opp. Party Mr. M.K. Panda, Advocate CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 15.05.2026 03. 1. Heard. 2. The petitioner has assailed the order dated 17.08.2023 passed by the learned JMFC (R), Cuttack in 1CC Case No. 195 of 2019 under Annexure-1 to the petition. Copy of the said order which is annexed is different from the original order. The certified copy of the order dated 17.08.2023 is handed over to the Court today, which is taken on record. 3. It appears from the impugned order that the petitioner being the accused received the summon and after appearance before the court below has moved an application under Section 205 Cr.P.C. which has been turned down by the court below and NBW has been issued against him. He is aggrieved by the rejection of his application under Section 205 Cr.P.C. as well as issuance of NBW. 4. Learned counsel for the petitioner submits that the petitioner is ready and willing to participate in the proceeding initiated by the opposite party against him in 1CC Case No.195 p. 2 Ashok of 2019 under section 138 of NI Act. 5. Regard being had to the submissions made by learned counsel for the petitioner, the NBW issued against the petitioner stands set aside, subject to the condition that the petitioner shall appear before the court below in 1CC Case No.195 of 2019 on or before 30.05.2026. It is open for the petitioner to move fresh application under Section 205 Cr.P.C. If such application is filed, the same shall be considered by the learned trial court on its own merit. 6. The CRLMC is disposed of. (S.S. Mishra) Judge MOHAPATRA