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2026 DAILYLAW 1572 (ORI)

SHRIRAM TRANSPORT FINANCE COMPANY LIMITED,GANJAM v. STATE OF ODISHA

CRLMC/24/2026 · 2026-01-08

Aditya Kumar Mohapatra

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Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.24 of 2026 Shriram Transport Finance Company Limited,ganjam ..... Petitioner Represented by Adv. - Ranjan Kumar Nayak -versus- 1) State Of Odisha ..... Opposite Parties 2) Babi Bishoyi Represented by Adv. – Ms. S.Nayak, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 08.01.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner. Perused the application as well as the prayer made therein. 3. By filing the present application under Section 528 of the B.N.S.S., the Petitioner seeks to invoke the inherent power of this Court to quash order dated 27.10.2025 passed in 1.C.C. Case No.60 of 2022 by the learned S.D.J.M., Bhanjanagar, Ganjam. 4. Initially the abovenoted 1.C.C. Case was filed at the instance of the Petitioner-Complainant against the Opposite Party No.2- accused alleging commission of an offence punishable under Section 138 of the N.I. Act. Learned counsel for the Petitioner contended that the learned trial court initially issued a B.W. against the accused- Opposite Party No.2. Thereafter, the accused-Opposite Party No.2 Page 2 of 2. filed an application under Section 205 of the Cr.P.C. By virtue of the impugned order dated 27.10.2025, the learned trial court has allowed the application of the accused-Opposite party No.2 filed under Section 205 of the Cr.P.C. to dispense with his personal appearance, at the same time the B.W. has also been recalled. Learned counsel for the Petitioner at this juncture argued that although a B.W. was issued, however, without recalling the same first the application under Section 205 of Cr.P.C. has been allowed. On such ground, learned counsel for the Petitioner assailed the validity of the order dated 27.10.2025. He further submitted that the 1.C.C. case which is the subject matter of the dispute in the present case was initiated in the year 2022 and that no steps have been taken to ensure that the trial is concluded in a time bound manner. 5. Considering the submissions made by the learned counsel for the Petitioner, this Court deems it proper to dispose of the present application at this stage by directing the learned trial court to make every endeavour to expedite the trial and conclude the same as expeditiously as possible preferably within a period of six months from the date of communication of a certified copy of today’s order. The Petitioner is directed to cooperate with the learned trial court for an early conclusion of trial. 6. With the aforesaid observations and directions, the CRLMC application stands disposed of. ( A.K. Mohapatra ) Judge Rubi