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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 :
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.
3. Heard Mr. K.K. Mohapatra learned counsel for the petitioner complainant and Mr. S.K.Mishra learned Additional Standing Counsel for the State.
5. Mr. Mohapatra, learned counsel for the complainant- petitioner submits that the Court below committed an error of law in referring to the provision under Rule 326 of GRCO (Crl.) which is not applicable to the facts of the case at all. Mr. Mohapatra further argues that as per the scheme of the Cr.P.C. the Court is required to first issue summons to the accused followed by warrant of arrest. If these modes are found not fruitful then proclamation and attachment of the property can be ordered. In the in
The court held that despite the absence of a timeframe for executing warrants, the issuance of proclamation and attachment under Sections 82 and 83 of Cr.P.C. can still be warranted to ensure complai....
Proclamation and attachment – Essential ingredients for exercise of power is subjective satisfaction of court that warrantee is hiding himself to evade process of law – Mere absence from home cannot ....
The expression ‘reason to believe’ means sufficient cause to believe. As also enunciated in Section 26 IPC, a person is said to have ‘reason to believe’ a thing, if he has sufficient cause to believe....
The court held that a proclamation under Section 82 of the Cr.P.C. is invalid if the accused was not properly served with warrants and the court failed to record satisfaction of the accused's abscond....
The simultaneous issuance of warrants under Sections 82 and 83 of the Code of Criminal Procedure must comply with specific statutory conditions; failure to do so renders the order unjustified.
A proclaimed offender cannot challenge the attachment of property without first contesting the underlying proclamation order, as the property is at the State's disposal if the offender fails to appea....
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