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2025 DAILYLAW 45962 (ORI)

KULDIP KUMAR AGRAWAL v. STATE OF ODISHA

CRLMC/2535/2025 · 2025-07-17

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2535 of 2025 Kuldip Kumar Agrawal ..... Petitioner Represented By Adv. - Krushna Chandra Dash -versus- State Of Odisha ..... Opp. Party Represented By Adv. – S.K. Parhi, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.07.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner as well as learned counsel for the State. Perused the application as well as the order dated 09.04.2024. 3. Learned counsel for the Petitioner at the outset contended that the Petitioner, who is the complainant in 1.C.C. No.4530 of 2023 registered for commission of offence under Section 138 of the N.I. Act, has approached this Court for a direction by this Court to the local police to execute the NBW issued by the learned trial court vide order dated 09.04.2024. He further submitted that on 09.04.2024, the learned J.M.F.C.-IV, Bhubaneswar has issued an NBW against the accused-Opposite Party. However, after expiry of almost one year, such NBW has not been executed. As a result, the pending 1.C.C. Case has not progressed further. Page 2 of 2. 4. Learned counsel for the State on the other hand contended that although he does not have any information with regard to the present status of the NBW. However, he further submitted that necessary steps shall be taken by the police for execution of the NBW. 5. Taking into consideration the submissions made by the learned counsels appearing for the parties, the Petitioner is directed to approach the learned J.M.F.C.-IV, Bhubaneswar for passing necessary orders for an early execution of the NBW. In such eventuality, learned J.M.F.C.-IV, Bhubaneswar shall ensure that the order dated 09.04.2024 seeking NBW be executed as expeditiously as possible. 6. In such view of the matter, the CRLMC is allowed. ( A.K. Mohapatra) Judge Anil Designation: Junior Stenographer