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2025 DAILYLAW 3095 (ORI)

ANUPAM CHAKRA v. NILAMADHAB PRAHARAJ

CRLMC/4524/2025 · 2026-03-20

S K Panigrahi

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4524 of 2025 Anupam Chakra …. Petitioner(s) Mr. Shyam Sundar Chhualsingh, Adv. -versus- Nilamadhab Praharaj …. Opposite Party(s) Dr. Sujata Dash, Adv. CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 20.03.2026 03. 1. This matter is taken up through hybrid arrangement. 2. In the present CRLMC, the Petitioner being the issuer of the dishonored cheque in question in favour of the sole Opposite Party, has prayed for quashing the impugned order dated 04.07.2025 passed by the learned S.D.J.M(Sadar), Cuttack in 1CC Case No.333 of 2025. 3. Heard the parties and perused the records. 4. Learned counsel for the Petitioner submits that the complaint case in question instituted against the Petitioner was filed with a delay of 21 (twenty-one) days. It is contended that despite best efforts of the Petitioner, the learned Court in seisin over the matter did not pay any attention to the same and condoned the delay vide impugned order dated 04.07.2025. He also submits that the complaint case was filed without any application for Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 20-Mar-2026 18:18:49 Signature Not Verified condonation of delay. The application for condonation of delay was filed separately. The Petitioner had given the dishonored cheque in question to the Opposite Party on some good faith. But, the Opposite Party used the said cheque only to harass the Petitioner. According to him, continuation of the proceeding would amount to an abuse of the process of Court and result in undue harassment to the Petitioner. On these premises, he prays that this Court may be pleased to allow the relief sought in the present CRLMC and quash the impugned proceeding in the interest of justice. 5. In opposition, learned counsel for the Opposite Party- complainant submits that since the complainant was suffering from HTN with reeling of head, he could not file the above noted complaint case in time. In order to support his above claim, the Opposite Party-complainant had also submitted necessary medical documents before the learned Court in seisin over the matter. It is contended that at this stage, when the said Court has found a prima facie case against the Petitioner after condonation of delay, there exists no compelling or exceptional circumstance warranting exercise of inherent jurisdiction to quash the impugned order dated 04.07.2025. He, accordingly, prays for dismissal of this CRLMC. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 20-Mar-2026 18:18:49 Signature Not Verified 6. Having considered the rival submissions advanced on behalf of the parties and upon perusal of the materials available on record, this Court finds that the above noted complaint case was filed belatedly due to the Opposite Party-complainant suffering from HTN with reeling of head. He had also filed necessary medical documents to that effect which has been taken into consideration by the learned Court in seisin over the matter while condoning the delay in filing the said complaint. This Court, therefore, does not find any flaw in the impugned order dated 04.07.2025. 8. Accordingly, this Court declines to exercise its inherent jurisdiction to quash the impugned order dated 04.07.2025. 9. This CRLMC is, accordingly, dismissed. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant