IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2035 of 2026 Sudipta Ranjan Chand …. Petitioner(s) Mr. Soumya Ranjan Das, Adv. -versus- Jitendra Minz …. Opposite Party(s) CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 02.07.2026 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this CRLMC assailing the order of issuance of NBW/A dated 12.06.2025 passed by the learned J.M.F.C., Rourkela in 1 C.C. Case No.386 of 2016 against him. 3. Heard learned counsel for the Petitioner and learned Counsel for the State. 4. The brief facts of the case are that the complainant allegedly advanced a friendly loan of Rs.4,00,000/- to the Petitioner. Towards the discharge of the said alleged liability, the Petitioner is stated to have issued two cheques, one for Rs.3,00,000/- and another for Rs.1,00,000/-, in favour of the complainant. Upon presentation, both the Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Jul-2026 17:03:40 Signature Not Verified cheques were dishonoured on account of insufficiency of funds. Thereafter, the complainant caused a statutory legal notice to be issued to the Petitioner. As the Petitioner allegedly failed to make payment within the prescribed period, the complainant instituted the present complaint case under the provisions of the Negotiable Instruments Act. 5. It is further submitted that the Petitioner's application under Section 205 of the Code of Criminal Procedure was allowed by the learned trial Court by order dated 06.03.2017, permitting the Petitioner to be represented through his learned advocate. Pursuant to the said order, the Petitioner's counsel had been regularly appearing before the learned trial Court on every date fixed for hearing. 6. However, on 24.04.2023, owing to the inadvertent absence of both the learned advocate and the Petitioner, the learned trial Court was pleased to issue a bailable warrant of arrest against the Petitioner. Subsequently, on 12.06.2025, a non-bailable warrant of arrest came to be issued. 7. Learned counsel for the Petitioner further contends that the Petitioner was under the bona fide impression that his learned counsel was regularly attending the proceedings before the learned trial Court pursuant to the Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Jul-2026 17:03:40 Signature Not Verified order passed under Section 205 Cr.P.C. The Petitioner had no knowledge that, on 17.03.2023 and 24.04.2023, his learned counsel could not remain present before the Court. The absence was neither deliberate nor intentional and the Petitioner had no intention whatsoever to evade the process of law or delay the proceedings. The issuance of the warrants is thus attributable to a bona fide misunderstanding and not to any wilful default on the part of the Petitioner. He 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. 8. Considering the conduct of the Petitioner and further taking into account that the N.B.W.(A) has remained pending since 12.06.2025 without any steps having been taken by the Petitioner in the meantime, this Court is not inclined to interfere with the order passed by the learned trial Court. 9. However, the Petitioner is directed to surrender before the learned Court in seisin of the matter in the aforesaid case within a period of one week from the date of this order and to move for bail. Upon such application being filed, the same shall be considered and disposed of by the learned Court in accordance with law. 10. Accordingly, this CRLMC is disposed of. Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Jul-2026 17:03:40 Signature Not Verified 11. Pending application (s), if any, shall stand disposed of. (Dr. Sanjeeb K Panigrahi) Judge Sipun ORISSA, CUTTACK Signature Not Verified