IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1702 of 2026 Titan Sahoo …. Petitioner(s) Mr. Ranjan Kumar Rout, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Debasish Nayak, AGA CORAM: HON’BLE DR.JUSTICE SANJEEB K. PANIGRAHI Order No. 01. ORDER 22.05.2026 1. This matter is taken taken up through hybrid arrangement. 2. The Petitioner has filed this CRLMC assailing the order of NBW dated 08.04.2026 issued by the learned S.D.J.M., Dhenkanal in 1 C.C. Case No.109 of 2025 against him. 3. Heard. 4. Learned counsel for the Petitioner submits that the Petitioner has been arrayed as an accused in a complaint case being 1 C.C. Case No.109 of 2025, instituted by one Trinath Naik under Section 138 of the Negotiable Instruments Act, 1881, pending in the Court of the learned S.D.J.M., Dhenkanal. Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-May-2026 18:37:58 Signature Not Verified 5. Learned counsel for the Petitioner further submits that pursuant to the summons issued by the learned trial Court, the Petitioner appeared before the learned S.D.J.M., Dhenkanal on 02.03.2026 and filed an application under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking dispensation of his personal appearance. The learned trial Court thereafter posted the matter to 16.03.2026 for objection and hearing. 6. Learned counsel for the Petitioner further submits that on 16.03.2026, after hearing the parties, the learned S.D.J.M., Dhenkanal was pleased to allow the application filed under Section 228 of the BNSS dispensing with the personal appearance of the Petitioner. While allowing the said application, the learned Court directed the accused- Petitioner to file an undertaking by way of an affidavit to the effect that: (i) the accused-Petitioner shall not dispute his identity as the accused in the case; (ii) he shall have no objection if evidence is recorded in his absence; (iii) he shall personally appear before the Court whenever his presence is imperatively required; and Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-May-2026 18:37:58 Signature Not Verified (iv) his counsel shall remain present before the Court on each date when the case is taken up. 7. The matter was accordingly posted to 20.03.2026 for filing of such undertaking affidavit. 8. Learned counsel for the Petitioner further submits that on 20.03.2026, the Petitioner filed the undertaking affidavit through his learned counsel, however, the same was not taken on record by the learned S.D.J.M., who directed the Petitioner to remain physically present for filing of the said affidavit and adjourned the matter to 08.04.2026 for the said purpose. 9. Learned counsel for the Petitioner further submits that due to the deteriorating health condition of the Petitioner, he could not remain present before the learned S.D.J.M., Dhenkanal on the said date and, in his absence, the learned Court was pleased to issue Non-Bailable Warrant of Arrest (NBW/A) against the Petitioner. 10. Learned counsel for the Petitioner further submits that the Petitioner undertakes to co-operate till the end of the trial and appear before the learned court below on each date of posting of the case without fail. 11. In view of such facts and submissions made by the learned counsel for the Petitioner, this Court is inclined to allow the present CRLMC. Accordingly, the order of Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-May-2026 18:37:58 Signature Not Verified N.B.W. issued to the Petitioner on 08.04.2026 by the learned Court below in the aforesaid case is, hereby, quashed. 12. The Petitioner is directed to surrender before the learned Court in seisin over the matter in the aforesaid case and move for bail within a period of fifteen working days hence. In such event, the said Court shall release him on bail with some stringent conditions. In addition, the Petitioner shall deposit a sum of Rs.500/- (rupees five hundred only) as cost for violating the Court’s order, in favour of the Dhenkanal Bar Association. The said amount shall be utilized for the purpose of purchasing of books in the Bar Library. Receipt showing deposit of the cost shall be presented before the learned court in seisin over the matter. 13. Accordingly, this CRLMC is disposed of. 14. Web copy of this order downloaded from the official website of this Court shall be treated as authenticated copy. (Dr. Sanjeeb K Panigrahi) Judge Sipun ORISSA, CUTTACK 18:37:58 Signature Not Verified