p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.50 of 2025 Susanta Behera …. Petitioner(s) Mr. Parsuram Panda, Advocate -versus- State of Odisha and another …. Opposite Party(s) Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 13.01.2026 02. 1. Heard. 2. The petitioner is aggrieved by the order dated 10.08.2023 passed by the learned S.D.J.M., Kendrapara in 1.C.C. Case No.158 of 2023, whereby the learned trial Court has taken cognizance of offence under Section 138 of the N.I. Act against him. 3. Learned counsel for the petitioner by taking me to the copy of the complaint submitted that in the complaint, there is not an iota of averment regarding purpose for which the subject cheque was issued. However, on the query from the Court, the petitioner further fairly submitted that in the statutory notice under Section 138 of the N.I. Act issued to him, detailed transaction for which the cheque was issued has been enumerated. p. 2 4. Whether the cheque was issued to liquidate legally recoverable debt or not is to be established in the trial. The complainant has to discharge the onus to establish the same. Therefore, at this stage, I do not find any reason to interfere with this matter. The order passed by the learned trial Court taking cognizance under Section 138 of the N.I. Act cannot be found fault with. Hence, no interference is called for. 5. At this stage, learned counsel for the petitioner submits that he would comply with the requirement of provision under Sections 143(A) of the N.I. Act by depositing 20% of the cheque amount before the trial Court and the learned trial Court may be directed to explore the possibility of settlement through mediation process before putting him to trial. The suggestion made by learned counsel for the petitioner is fair and reasonable. Hence, the same is acceded to. The petitioner is directed to deposit 20% of the cheque amount before the learned trial Court in compliance of Section 143(A) of the N.I. Act. The learned trial Court, thereafter, shall explore all possibility for settling the matter between the parties even by resorting to the mediation process. If for any reasons mediation remained unsuccessful, the trial Court shall proceed in accordance with law. p. 3 6. With this observation, the CRLMC is disposed of. (S.S. Mishra) Judge Swarna Designation: Senior Stenographer