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2021 Supreme(Ori) 207

S.K.SAHOO
Sridev Kumar Muduli – Appellant
Versus
Satyabrat Nayak – Respondent


Advocates Appeared:
Mr. Samir Kumar Mishra, for the Appellant; Mr. Arun Kumar Budhia, for the Respondent.

JUDGMENT

1. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

2. Heard Mr. Samir Kumar Mishra, learned counsel for the petitioner and Mr. Arun Kumar Budhia, learned counsel for the opposite party.

3. This is an application filed by the petitioner Sridev Kumar Muduli for quashing the impugned order dated 01.10.2019 passed by the learned Addl. Sessions Judge, Jajpur Road in Criminal Appeal No.05 of 2019 in directing the petitioner to deposit one-fourth of the compensation amount as awarded by the learned trial Court as a condition precedent for being released on bail pending disposal of the appeal.

4. As it appears, the petitioner faced trial in the Court of learned J.M.F.C, Jajpur Road in I.C.C. Case No.190 of 2016 for commission of offence under section 138 of the Negotiable Instruments Act, 1881 (hereafter 'N.I. Act') and he was found guilty of such offence and sentenced to undergo simple imprisonment for six months with a further direction to pay a compensation amount of Rs.47,70,000/- (forty seven lakh seventy thousand) to the opposite party, in default, to undergo simple imprisonment for a further period of one month.

5. The judgment and order of

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