Suryamani Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1060 of 2022 Suryamani Das ....

Petitioner Mr. J. Mohanty, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. K. Das, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

05.05.2022 Order No.

01.

1. Heard Mr. J. Mohanty, learned counsel for the Petitioner as well as Mr.K. Das, learned A.S.C. for the State-Opposite Party No.1.

2. Learned counsel for the Petitioner is permitted to remove the defect in Court today.

3. The limited grievance of the Petitioner is that in ICC Case No.191/2016 relating to offence under Sec.138 of N.I. Act, where he is an accused, his prayer to adduce defence evidence was rejected by order dated 22.3.2022 and 4.4.2022 by learned J.M.F.C., Jajpur Road.

4. Perusal of the impugned orders dated 22.3.2022 and 4.4.2022 reveals that the main ground assigned by the learned J.M.F.C. to

reject defence evidence is that, the Petitioner did not adduce his defence evidence despite several opportunities given.

5. Considering the impact of COVID-19 pandemic during those past days, the Petitioner is granted one more opportunity to adduce defence evidence. Accordingly, the learned trial court is directed to extend him one more opportunity by fixing a suitable date for the same.

6. With the aforesaid direction, the CRLMC is disposed of.

7. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik