Orissa High Court
CRLMC/2833/2026 of KAILASH PRADHAN Vs SANJAYA KUMAR KHATUA on 19 August 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2833 of 2026 CNR No. ODHC010619602026 Kailash Pradhan ..... Petitioner Represented by Adv. - Haripad Mohanty -versus- Sanjaya Kumar Khatua ..... Opp. Party Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2833 of 2026
CNR No. ODHC010619602026
Kailash Pradhan
.....
Petitioner
Represented by Adv. -
Haripad Mohanty
-versus-
Sanjaya Kumar Khatua
.....
Opp. Party
Represented by Adv. -
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
19.08.2026 Order No.
01.
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the Petitioner. Perused the materials placed before this Court.
3. It is stated by learned counsel for the Petitioner that the Petitioner has been arrayed as an accused in a proceeding under Section 138 of the NI Act. He further contended that pursuant to the summons, the Petitioner appeared before the learned trial court and moved an application under Section 205 of the Cr.P.C. Thereafter, the personal appearance of the Petitioner was dispensed with. He further contended that due to a communication gap, the Petitioner could not appear before the learned trial court despite direction of the learned trial court. As a result, the learned trial court has issued an NBW on 23.06.2026 against the present Petitioner. In reply to the aforesaid order issuing NBW against the present Petitioner, learned counsel for the Petitioner contended that
Page 2 of 2. due to a communication gap with the conducting counsel, the Petitioner could not appear and that the Petitioner is ready and willing to appear before the learned trial court and cooperate with early conclusion of the trial.
4. On perusal of the record, this Court is of the view that the trial court has not committed any illegality, however, in the larger interests of justice and in order to provide another opportunity to the Petitioner, this Court deems it proper to set aside the order dated 23.06.2026 by the learned S.D.J.M., Nayagarh in 1.C.C. Case No.71 of 2024, subject to payment of a cost of Rs.1000/- (Rupees One Thousand) by the Petitioner to the complainant. Further, it is directed that the Petitioner shall appear before the learned S.D.J.M., Nayagarh within two weeks from today along with a copy of today’s order and shall continue to participate in the proceeding without any further default. In the event, the Petitioner makes any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner.
5. In such view of the matter, the CRLMC is allowed.
( A.K. Mohapatra )
Judge
Anil
Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 20-Aug-2026 15:53:16 Signature Not Verified