Kailash Ch Mohanty v. Biswa Bijoyi Nanda

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.910 of 2012 Kailash Chandra Mohanty.

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Petitioner -versusBiswa Bijoyi Nanda.

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Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

09.05.2022 08.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioner in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") has prayed for quashing of the order dated 26.12.2008 passed by the learned S.D.J.M., Balasore in I.C.C. Case No.430 of 2008 taking cognizance of the offence under Section 138 of the N.I. Act.

3.

Heard the learned counsel for the petitioner and the learned counsel for the opposite party.

4.

Considering the facts and circumstances of the case, so also the submission advanced on behalf of the learned counsel

// 2 // for the petitioner, this Court is not inclined to interfere with the impugned order.

5.

Hence, this CRLMC filed challenging the impugned order being devoid of merit stands dismissed. Interim order dated 16.05.2012 passed by this Court stands vacated. 6.

However, this Court observes that since it is a case under the Negotiable Instruments Act and pending for more than a decade, the trial Court is directed to proceed with the matter and disposed of the same as expeditiously as possible. 7.

A copy of this order be communicated to the Court below forthwith.

(S. Pujahari) Judge MRS