Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3415 of 2025 Sankar Prasad Das ..... Petitioner Represented By Adv. - Subhrajit Sahoo -versus- State Of Odisha ..... Opposite Party Mr. S.K. Parhi, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 02.09.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel appearing for the Petitioner and learned counsel for the State-Opposite Party. Perused the materials placed before this Court. 3. The Petitioner is aggrieved by the order dated 05.04.2024 on which date the non-bailable warrant of arrest has been issued against them by the learned J.M.F.C., S. MISHRA, Bhubaneswar in I.C.C. Case No.1169 of 2019. Learned counsel for the Petitioner submitted that initially the Petitioner was earlier on bail, after which the Petitioner was appearing before the learned Court in seisin over the matter after he was released on bail. However, on one of the dates fixed for appearance, due to communication gap with his lawyer, the Petitioner was unable to appear. Thereafter, an application under Section 317 of Cr.P.C. has been filed by the learned counsel for the Petitioner to dispense with for the personal appearance of the Page 2 of 2. Petitioner and the same was rejected by the learned trial Court. Thereafter, a non-bailable warrant of arrest was issued against the Petitioner. It was further contended that for the laches on the part of the counsel, the party should not be allowed to suffer. Therefore, being aggrieved by such order the Petitioner has approached this Court with a prayer to quash order dated 05.04.2024. 4. On perusal of the record, this Court is of the view that the trial court has not committed any illegality, however, in the larger interests of justice and in order to provide another opportunity to the Petitioner, this Court deems it proper to set aside the order dated 05.04.2024 by the learned J.M.F.C., S. MISHRA, Bhubaneswar in I.C.C. Case No.1169 of 2019, subject to payment of a cost of Rs.1,000/- by the Petitioner to the complainant within fifteen days and furnishing money receipt thereof in proof of deposit. Further, it is directed that the Petitioner shall appear before the learned J.M.F.C., S. MISHRA, Bhubaneswar within ten days from today along with a copy of today’s order and shall continue to participate in the proceeding without any further default. In the event, the Petitioner make any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner. 5. In such view of the matter, the CRLMC is allowed. ( Aditya Kumar Mohapatra ) Judge S.K. Rout