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2026 DAILYLAW 28682 (ORI)

PRATAP KUMAR SAHOO v. SUSANTA KUMAR SAHOO

CRLMC/2301/2026 · 2026-07-28

Aditya Kumar Mohapatra

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2301 of 2026 Pratap Kumar Sahoo ..... Petitioner Represented by Adv. - Amitav Tripathy -versus- Susanta Kumar Sahoo ..... Opposite Party Represented by Adv. – D.K. Sahoo, AGA CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 28.07.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner. Perused the CRLMC application as well as the prayer made therein. 3. By filing the present CRLMC application under Section 528 of BNSS, the Petitioner who is the complainant in a complaint case instituted under Section 138 of N.I. Act has approached this Court with a prayer for a direction to the Opposite Parties to pay the accrued interest on the balance amount of Rs.7.2 lakhs which was deposited by the accused before the learned trial Court pursuant to the compromise and the order of the Hon’ble Supreme Court in SLP (Crl.) No.1363 of 2026 dated 23.03.2026. Page 2 of 3. 4. Learned counsel for the Petitioner at the outset contended that initially the accused filed a complaint case under Section 138 of N.I. Act. The said case ended in conviction of the accused and the accused was directed to pay compensation of Rs.18 lakhs along with other interest. Being aggrieved by such order, the Petitioner-complainant landed in Supreme Court by filing SLP(Crl.) No.1363 of 2026. While the matter was pending before the Hon’ble Apex Court, the Parties decided to settle the matter amicably and, accordingly, they arranged a compromise between themselves. The Hon’ble Supreme Court, by upholding the conviction and sentence of the appellant- accused, modified the sentence to payment of compensation only. On a careful reading of the order dated 23.03.2026, this Court found that there is no direction for payment of the accrued interest and that the sentence was modified only to the extent of the payment of compensation amount. 5. Learned counsel for the Petitioner at this juncture contended that although by virtue of the order dated 04.05.2026, the learned trial Court directed release of a sum of Rs.7.2 lakhs in favour of the Petitioner, which was deposited by the accused, no order was passed for payment of the accrued interest. Being aggrieved by such order, the Petitioner has approached this Court by filing the present CRLMC application. 6. Upon hearing of the learned counsel for the Petitioner, on a careful examination of the background fact as well as the order passed by the Hon’ble Supreme Court on 23.03.2026 and the consequential order dated 04.05.2026 of the learned J.M.F.C., Bhubaneswar in 1CC Case No.2387 of 2015, this Page 3 of 3. Court is of the view that although there is no direction for payment of the accrued interest, the learned trial Court has not committed any illegality by passing order dated 04.05.2026. Accordingly, this Court is not inclined to interfere with order dated 04.05.2026. However, while disposing of the present CRLMC application, this Court observes that it is open to the Petitioner to seek for modification of the order dated 23.06.2026, if so advised. 7. Accordingly, the CRLMC stands disposed of. ( A.K. Mohapatra ) Judge Sisir Designation: PERSONAL ASSISTANT