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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Ajay Mohanty @ Tutu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. loan repayment and dishonored cheque facts (Para 1 , 2) |
| 2. court's observations on procedural misapplication (Para 3 , 4 , 9 , 10 , 11) |
| 3. arguments on applicability of law and court's error (Para 5 , 6) |
| 4. conditions for issuing proclamation and attachment (Para 7 , 8 , 12) |
| 5. conclusion: legal action allowed (Para 13) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The petitioner is the complainant in 1 CC No. 557 of 2022 filed by him in the Court of learned JMFC (C), Cuttack under Section 138 of N.I. Act in which the present opposite party No. 2 is the accused.
2. In view of the point involved in the present case, the facts leading to filling of the complaint need not be gone into detail. It would suffice to state that on request of the accused the petitioner claims to have given him a loan of Rs. 2,00,000/- in cash for construction of his house. As per the written agreement executed between them, the accused issued a cheque towards repayment of the amount which was dishonoured by the concerned bank on the ground of insufficiency of funds. After complying with the relevant statutory provisions, the petitioner filed the complaint on 10.10.2022. On 27.10.2022, the Court below took c
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