Orissa High Court
CRLMC/2768/2026 of MANASH RANJAN RATH Vs MANOJ KUMAR PATNAIK on 17 August 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2768 of 2026 CNR No. ODHC010613592026 Manash Ranjan Rath ..... Petitioner Represented by Adv. - Soumya Ranjan Das -versus- Manoj Kumar Patnaik ..... Opp. Party Represented by Adv. –Byomokesh Sahoo CORAM: THE HON’BLE MR. JUSTICE
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2768 of 2026
CNR No. ODHC010613592026
Manash Ranjan Rath
.....
Petitioner
Represented by Adv. -
Soumya Ranjan Das
-versus-
Manoj Kumar Patnaik
.....
Opp. Party
Represented by Adv.
–Byomokesh Sahoo
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
17.08.2026 Order No.
01.
1. This matter is taken up through Hybrid Mode.
2. Mr.Byomokesh Sahoo, learned counsel and his associate enter appearance on behalf of the Opposite Party by filing a vakalatnama in Court today and the same be kept on record.
3. Heard learned counsel appearing for the Petitioner as well as learned counsel appearing for the Opposite Party. Perused the materials placed before this Court.
4. 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
Page 2 of 2. 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 17.04.2026 against the present Petitioner. In reply to the aforesaid order issuing NBW against the present Petitioner, learned counsel for the Petitioner contended that 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.
5. 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 17.04.2026 by the learned J.M.F.C., Rourkela in 1.C.C. Case No.131 of 2021, subject to payment of a cost of Rs.1,000/- (Rupees One Thousand) by the Petitioner to the complainant. Further, it is directed that the Petitioner shall appear before the learned J.M.F.C., Rourkela 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.
6. 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: 18-Aug-2026 19:35:40 Signature Not Verified