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S.K.MISHRA
Orissa Rural Housing and Development Corporation Ltd. – Appellant
Versus
Raj Kishore Joshi – Respondent


Counsel for the Parties:
For the Petitioner:Mr. A.K. Hota, and Mr. S.K. Garia, Advocates.
For the Opp. Party:Mr. A.K. Mohapatra, Mr. N.C. Rout, Mr. S.K. Padhi, Mr. J.K. Behera and Mr. A.K. Mohapatra, Advocates.

JUDGMENT

S.K. Mishra, J.—On consent of learned counsel for both the parties, the criminal revisions are taken up for disposal at the stage of admission.

2. In these Criminal Revisions, petitioners assail the orders passed by the learned S.D.J.M., Bhubaneswar on 25.8.2006 in I.C.C. No.901 of 2006 and in I.C.C. No.902 of 2006, whereby he rejected the petition filed by the complainant to condone the delay in filing the complaint case under Section 5 of the Limitation Act, hereinafter referred to as “the Limitation Act”, read with Section 142 (b) of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the Act”).

3. Brief fact of the case of the complainant/petitioner is that Orissa Rural Housing and Development Corporation Ltd. had advanced the house-building loan to the accused/opposite party. There was an outstanding dues against the accused, for which he issued two account payee cheques of Rs. 9,40,000 each, on 28.10.2005 in favour of the complainant Company drawn on Bank of Baroda, Bhubaneswar. The said cheque was presented before the Syndicate Bank, ORHDC Extension Counter, Bhubaneswar for collection, but the complaint was intimated that the cheque has been dishonoured














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