Hemalata Mohapatra VS Bijay Kumar Pradhani

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

R. K. PATTANAIK
Hemalata Mohapatra – Appellant
Versus
Bijay Kumar Pradhani – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. A.P. Bose, Advocate
For the Opp. Party:Mr. S.K. Samantaray, Advocate

JUDGMENT

Instant petition under Section 482 Cr.P.C. is filed by the petitioner for quashing of the impugned order dated 11th February, 2022 passed in Criminal Revision No. 49 of 2021 by the learned District & Sessions Judge, Puri confirming the order dated 22nd January, 2022 of the learned SDJM, Puri in I.C.C. Case No. 335 of 2020 and also the entire criminal proceeding on the grounds inter alia that the same is not maintainable and hence liable to be interfered with.

2. In so far as the proceeding in I.C.C. Case No. 335 of 2020 initiated by the opposite party is concerned, the same is with regard to dishonor of cheque and for commission of an offence under Section 138 of the N.I.Act by the petitioner and the challenge is confined to the defect in notice dated 6th November, 2020 on the ground that the same is not in conformity with law.

3. Heard Mr. Bose, learned counsel for the petitioner and Mr. Samantaray, learned counsel for the opposite party.

4. Three cheques were issued by the petitioner alleged to have been received by the opposite party for an amount of Rs.14,00,000/- and when they were presented before the Bank, all stood dishonored due to insufficiency in fund, wher

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