Hitendra Ku Mohanty v. Pramod Kumar Panda

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1660 of 2012 Hitendra Kumar Mohanty Petitioner Mr. M. Kanungo, Sr. Advocate -VersusPramod Kumar Panda ....

Opposite Party Mr. R.K. Mahanta, Advocate

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

24.06.2022 Order No.

06.

1.

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

2.

This is an application under Section 482 Cr.P.C. challenging the impugned order dated 17th February, 2011 passed in 1.C.C. Case No.113 of 2010 by the learned S.D.J.M., Jeypore on the grounds stated therein.

3.

Mr. Kanungo, learned Senior counsel appearing for the petitioner submits that the outstanding amount of Rs.50,000/- for which the alleged cheque was issued in the year 2010 has already been paid to the opposite party. In fact, it is submitted that there has been payment of Rs.60,000/- on 16th March, 2010 and 16th April, 2010 in two installments. The learned counsel appearing for the opposite party admits the fact that there has been payment made by the petitioner in the meanwhile.

// 2 // 4.

Considering the above submissions of the learned counsel appearing for the respective parties, the Court is of the view that nothing survives for adjudication since the payment has already been received by the opposite party as admitted by him. 5.

Accordingly, it is ordered.

6.

In the result, the CRLMC stands disposed of in the above terms. Consequently, the impugned order dated 17th February, 2011 passed in 1.C.C. Case No.113 of 2010 by the learned S.D.J.M., Jeypore is hereby quashed.

(R.K. Pattanaik) Judge TUDU