IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 1229 of 2025 Md. Quasim …. Petitioner Mr. D.R. Mohapatra, Advocate -versus- Deputy Commissioner of Police, Cuttack and Others …. Opp. Parties Mr. R.B. Dash, Addl. P.P CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 24.09.2025 01. 1. Heard learned counsel for the Parties. 2. By means of this application, the Petitioner seeks the intervention of this Court for a direction for disposal of the case bearing 1CC No.04 of 2024 pending before the learned J.M.F.C., Dhamnagar at the earliest. 3. Mr. Mohapatra, the learned counsel for the Petitioner submits that the Petitioner moved the learned J.M.F.C., Dhamnagar instituting a complaint case under Section 138 of the N.I. Act registered as 1CC No. 04 of 2024. The learned court having taken cognizance of the offence, issued process on 20.02.2024 and subsequently for the non- appearance of the Opposite Party-accused, the learned court issued BW on 24.04.2024. According to Mr. Mohapatra, the order of BW has not been executed so far by the authority, as a result of which, the case is languishing. 4. The order sheets dated 21.06.2024, 28.08.2024, 08.10.2024 till 19.04.2025 reveals that the court has carried the routine order showing that the BWA has not been executed. The learned counsel for the Petitioner has drawn the attention of this Court to the decision of the Hon’ble Supreme Court in the matter of Indian Bank Association and others vs. Union of India and others; (2014) 5 SCC 590 wherein an observation has been made by the Hon’ble Court for expeditious disposal of the N.I. Act. Even otherwise, the statute itself speaks of the disposal of the N.I. Act proceeding within a time bound manner. The very object of the proceeding, being benevolent extending a support to the aggrieved party, any laxity in the proceeding protracting it, frustrates the cause. 5. As seen from the order sheets maintained by the court, the court is oblivious of the provisions of the law with regard to the implementation/ execution of the order of BW by the authority. No further step has been taken by the Court either by resorting to the provision under the Cr.P.C. or the in-house arrangement such as to bring to the notice of the Chief Judicial Magistrate for placing the matter before the Police Magistrate Meeting or before the Senior Officers Meeting thereby, to ensure its executability. A letter has also not been written to the higher officials of the Police on the in action of the officials supposed to carry out the order of the court. 6. The court concerned is accordingly directed to ensure the implementation of the order which is passed in the judicial side and the non-implementation of the order by the Officers are subject to the rigor of law, which the court is bound to resort for non-implementation of its order. 7. A pragmatic approach has to be made by the court in view the mandate of the Hon’ble Supreme Court and there could be no escape from the same by passing only routine orders. Accordingly, the learned court concerned is directed to proceed in accordance with law forthwith and to ensure the implementation of its order resorting to stringent action if not by issuance of BW, by issuing NBW and such other proceedings. 8. In view of the above, the CRLMP stands disposed of. (Chittaranjan Dash) Judge Bijay