Orissa High Court
CRLMC/2774/2026 of SAHADEV JENA Vs STATE OF ODISHA on 17 August 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2774 of 2026 CNR No. ODHC010614152026 Sahadev Jena ..... Petitioner Represented by Adv. - Arijeet Mishra -versus- State Of Odisha & Anr. ..... Opp. Parties Represented by Adv. – P.K. Mohanty, A.S.C. CORAM: THE HON’BLE MR.
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2774 of 2026
CNR No. ODHC010614152026
Sahadev Jena
.....
Petitioner
Represented by Adv. -
Arijeet Mishra
-versus-
State Of Odisha & Anr.
.....
Opp. Parties
Represented by Adv. –
P.K. Mohanty, A.S.C.
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. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- 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 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 11.06.2026 against the present
Page 2 of 2. 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 11.06.2026 by the learned J.M.F.C., Jajpur Road in 1.C.C. Case No.291 of 2024, subject to payment of a cost of Rs.500/- (Rupees Five Hundred) by the Petitioner to the complainant. Further, it is directed that the Petitioner shall appear before the learned J.M.F.C., Jajpur Road 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