Orissa High Court

CRLREV/344/2015 of RAGHUNATH PALEI Vs SOURINDRANATH MOHARANA on 1 September 2026

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of 3 CRLREV No.344 of 2015 IN THE HIGH COURT OF ORISSA AT CUTTACK , CRLREV No.344 of 2015 (CNR No. ODHC010080142015) In the matter of an application under Section 401 read section 482 of the Code of Criminal Procedure, 1973. … Raghunath Palei … Petitioner -versus- 1. Sourindranath

IN THE HIGH COURT OF ORISSA AT CUTTACK

,

CRLREV No.344 of 2015

(CNR No. ODHC010080142015)

In the matter of an application under Section 401 read section 482 of the Code of Criminal Procedure, 1973.

…

Raghunath Palei

…

Petitioner

-versus-

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1. Sourindranath Moharana

2. State of Odisha … Opposite Parties

Advocate(s) Appeared in this case

For Petitioner

- Mr.C.R. Pattnaik,

For Opp. Parties

- Mr.P.S. Das,

Advocate for O.P.1

Mr.S. Panigrahi,

ASC for O.P.2

Addl. Standing Counsel

CORAM :

MR. JUSTICE V. NARASINGH ---------------------------------------------------------------- Date of Hearing & Judgment: 01.09.2026 ---------------------------------------------------------------- V. Narasingh, J. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the O.P.2.

2. This Criminal Revision has been filed assailing the judgment dated 02.03.2015 passed by the learned Additional Sessions Judge, Keonjhar in Criminal Appeal No.04/18 of 2014-12rl, thereby confirming the judgment of conviction and sentence dated 29.03.2012 passed by the learned J.M.F.C., Keonjhar in I.C.C Case No.90 of 2011 qua the Petitioner under Section 138 of the Negotiable Instruments Act, 1881, directing him to undergo S.I. for a period of one year and pay a compensation of Rs.5,00,000/- in default to undergo S.I. For four months.

3. On the consent of the parties, the matter is disposed of on the following terms:

4. As agreed to, it is directed that the amount of Rs.2,00,000/- deposited in terms of order dated 10.12.2015 with the Registrar Judicial of this Court with accrued interest shall be disbursed to Opposite Party No.1 by way of demand draft, on due acknowledgement on his behalf by the learned counsel for the said Opposite Party.

5. It is stated at the Bar that a sum of Rs.50,000/- was deposited before the Trial Court during the currency of the revision. The said amount along with the accrued interest shall also be released in favour of Opposite Party No.1 following the aforesaid modality.

6. The CRLREV accordingly stands disposed of. And, in terms of the order passed by the Apex Court in the case of Gian Chand Garg v. Harpal Singh, 2025 SCC OnLine SC 2317 and the proceedings in I.C.C. Case No.90 of 2011 on the file of learned J.M.F.C., Keonjhar, the order of conviction & sentence, as imposed, as well as the judgment dated 02.03.2015 passed by the Additional Sessions Judge, Keonjhar in Criminal Appeal No.04/18 of 2014-12 affirming the same, are set aside.

7. The Opposite Party No.1 is at liberty to seek variance of this order if the situation so warrants.

8. This Court places on record the endeavour made by the counsel for the parties to settle the matter instead of prolonging the litigation.

(V. Narasingh)

Judge

Orissa High Court, Cuttack Dated the 1st Sep, 2026/Basu 02.09.2026/Uploaded Digitally Signed Signed by: BASUDEV NAYAK Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 02-Sep-2026 18:46:15 Signature Not Verified

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