Gobind Chandra Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1589 of 2022 Gobinda Chandra Patra ....

Petitioner Mr. Manas Chand, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. A.N.Das, AGA for State

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.06.2022 1.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

Heard learned counsel for the Petitioner and learned counsel for the State.

3.

It is submitted on behalf of the Petitioner that the Petitioner is an accused in 1CC Case No.191 of 2009, pending in the court of J.M.F.C., Jajpur Road, for commission of alleged offences under Section 138 of N.I. Act. It is submitted that accused is on court bail and only on 05.10.2021 since the Petitioner remained absent and step was not taken on his behalf by the concerned Advocate, NBW of arrest was issued against the Petitioner. The said order is under challenged before this Court.

4.

It is also submitted that due to communication gap, the

// 2 // Petitioner could not attend the court.

5.

Considering the submission, it is directed that the order dated 05.10.2021 passed by the J.M.F.C., Jajpur Road for issuance of NBW against the Petitioner is set aside subject to cash security of Rs.3,000/- (Rupees Three thousand). Petitioner is given liberty to surrender before the aforesaid court in 1CC No.191 of 2009 within a fortnight hence, which shall be dealt with in accordance with law.

6.

The CRLMC is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

( A.K. Mohapatra ) Vacation Judge U.K. Sahoo