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Orissa High CourtCRLMC/966/2012disposed off

Ravin Jhunjhunwala v. Kaypee Enterprises

2022-05-06Dr. Justice S. Muralidhar (Cj)2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 966 of 2012 Ravin Jhunjhunwalla and Others ....

Petitioners Mr. Devashis Panda, Advocate -versusM/s. Kaypee Enterprises ....

Opposite Party None

CORAM:

THE CHIEF JUSTICE

ORDER

06.05.2022 04.

1. None appears on behalf of the Opposite Party, who is the Order No.

complaint despite service of notice.

2. All three Petitioners are based in Odisha but right now Petitioner No.1 is in Singapore. The offences for which the complaint has been filed is under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). As a result of rejection by the learned S.D.J.M., Panposh, Rourkela of the application under Section 205 Cr.P.C. for exemption from appearance, the present petition has been filed.

3. Having heard Mr. Debasis Panda, learned counsel for the Petitioners, the Court directs that three Petitioners shall be permitted to be represented through counsel before the Court concerned i.e. S.D.J.M., Panposh where the complaint case ICC No.138 of 2011 will be listed on 5th July, 2022. Mr. Panda, learned counsel for the Petitioners states that right now Petitioner No.1

who is in Singapure is unable to come to India because of travel restrictions. The concerned S.D.J.M., Panposh shall pass appropriate orders requiring the presence of the Petitioners at the time of recording the statement of the accused.

4. The petition is disposed of in the above terms.

5. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice S.K. Jena/Secy.