Orissa High Court

CRLMA/76/2026 of JOGESH KUMAR MISHRA Vs BINOD KUMAR GIRI on 8 September 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMA No.76 of 2026 CNR No.ODHC010498652026s Jogesh Kumar Mishra … Petitioner Mr.Saroj Ku. Dash, Advocate -versus- Binod Kumar Giri & State …. Opposite Parties Mr.Durga Prasad Dhal, Advocate for O.P.1 Mr.C.R. Swain, AGA CORAM: JUSTICE

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMA No.76 of 2026

CNR No.ODHC010498652026s

Jogesh Kumar Mishra

Petitioner

Mr.Saroj Ku. Dash, Advocate

-versus-

Binod Kumar Giri & State

Opposite Parties

Mr.Durga Prasad Dhal, Advocate for O.P.1

Mr.C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH

.

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ORDER

08.09.2026 I.A. No.29 of 2026

Order

05.

1. Heard learned counsel for the Petitioner, learned counsel for the Opposite Party No.1- Complainant as well as learned counsel for the State.

2. It is submitted by the learned counsel for the Petitioner that because of the circumstances, as stated in the I.A, the delay of 904 days has occurred in filing the restoration application.

3. And, on account of the same, on execution of NBW, the Petitioner was taken to custody and released on interim bail by order dated 04.08.2026.

4. Learned counsel for the Opposite Party No.1- Complainant, in this proceeding under section 138 of the N.I. Act, submits that the Petitioner has been a rank defaulter and hence, no leniency ought to be shown to him and it is his further submission that no rational explanation has been given explaining the delay. Hence, this application for condonation of delay is liable to be rejected.

5. On considering the rival submission and the fact that the Petitioner was taken to custody and remained incarcerated for about two months, on a perspicuous analysis of the materials on record, this Court condones the delay in filing the CRLMA.

6. The I.A. is accordingly disposed of.

(V. NARASINGH)

Judge

CRLMA No.76 of 2026

03.

1. Heard.

2. Considering the submissions made and on going through grounds stated in CRLMA No.76 of 2026, the same is allowed and CRLREV No.353 of 2016 is restored to file.

3. Pending IAs, if any, stand disposed of.

(V. NARASINGH)

Judge

Basu Digitally Signed Signed by: BASUDEV NAYAK Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 10-Sep-2026 18:22:22 Signature Not Verified

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