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Orissa High CourtCRLMC/1596/2022disposed off

R.S.Bagadia@Raspal Singh Bagadiya v. State Of Odisha

2022-06-13Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1596 of 2022 R.S.Bagadia@Raspal Singh Bagadiya ....

Petitioner Mr. Jaghabandhu Sahu, 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.01 of 2020, pending in the court of S.D.J.M., Padampur, for commission of alleged offences under Section 138 of N.I. Act. It is submitted that accused is on court bail and only on 13.04.2022 since the Petitioner remained absent and step was not taken on his behalf by the concerned Advocate, NBW/A 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 13.04.2022 passed by the S.D.J.M., Padampur for issuance of NBW/A 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.01 of 2020 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