The court clarified that the trial court's rejection of the NOC for passport renewal based on pending criminal proceedings was a misinterpretation of legal provisions, allowing for administrative functions to proceed.

ORDER :

Aditya Kumar Mohapatra, J.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. The present application has been filed at the instance of the Accused-Petitioner under Section 528 of the B.N.S.S., 2023 thereby challenging the order dated 19.07.2025 passed by the learned J.M.F.C., Bhubaneswar in 1.C.C. Case No.5092 of 2017.

3. By virtue of the impugned order dated 19.07.2025, the trial court has rejected the application of the Petitioner filed with a prayer for grant of NOC/clearance for renewal of his passport, which had expired on 25.08.2024.

4. The present application has been filed by the Accused- Petitioner for a direction to the trial court to grant NOC to the Petitioner whereby the Petitioner will seek renewal of his passport by the Passport Authority.

5. The factual matrix of the case, in a nutshell, is that the Opposite Party No.2 had instituted a complaint case against one Dadheech Infrastructure Private Limited and four others before the learned S.D.J.M., Bhubaneswar, which was registered as 1CC No.5092 of 2017 for commission of an offence punishable under Section 138 of N.I. Act, 1881. In the above noted complaint case, the Petitioner has been arrayed as Accused No.4 in his capacity as a whole-time Director of R.D.B. Realty & Infrastructure Ltd. The Accused No.1-Company was issued with a work order for supply and installation of fire fighting equipment in AIIMS Housing Project, Bhubaneswar. The total cost of the work was Rs.51,25,900/-. The Complainant had applied for the said work and he has been issued with a work order vide letter dated 10.04.2013 by the Accused No.1-Company. The Complainant completed the work. Accordingly, he was issued with a cheque bearing No.439630 dated 04.07.2017 of Axix Bank, Kolkata worth of Rs.15,00,000/-. Allegedly such cheque was signed by the present Petitioner. The said cheque was presented for payment on 28.08.2017 and consequently got dishonoured with a remark “Funds Insufficient”. Thereafter, the Complainant issued the Pleaders Notice and finally he has filed the present complaint case. 6. Heard Mr. L.K. Moharana, learned counsel for the Petitioner as well as learned counsel appearing for the State-Opposite Party No.1. Perused the application as well as the documents annexed thereto.

7. Learned counsel for the Petitioner, at the outset, contended that the present Petitioner is in no way involved in the alleged crime and that he has been unnecessary dragged into the litigation. He further submitted that the Petitioner has also challenged the order taking cognizance in CRLMC No.4671 of 2023 on the ground that no case under the provision of Section 138 of N.I. Act is made out against the present Petitioner on a plain reading of the compliant case. By virtue of the order dated 14.11.2024, the said matter has been referred to the District Mediation Centre, Bhubaneswar and, as an interim measure, the further proceeding in ICC Case No.5092 of 2017 has been stayed till the next date of hearing.

8. While matter stood thus, the passport of the Petitioner bearing No.M1330123had expired on 25.08.2024. Accordingly, the Petitioner applied for renewal of passport on 09.10.2024. Pursuant to the aforesaid application, the Petitioner appeared before the Regional Passport Officer, Kolkata on 24.12.2024 for physical verification of the document. While this was the position, the Regional Passport Officer, Kolkata, vide letter dated 07.04.2025, informed the Petitioner regarding the shortcomings which came to their notice while conducting the physical verification. It has been specifically mentioned that the Petitioner was required to furnish “Proof of Clearance” viz. the crim