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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Akhaya Kumar Nayak – Appellant
Versus
Swarupa Subhadarshini Dutta – Respondent
| Table of Content |
|---|
| 1. accused status and cheque dishonor details. (Para 1 , 2 , 3) |
| 2. petitioner's arguments concerning cheque validity. (Para 4 , 7) |
| 3. dates and facts indicating compliance issues. (Para 5 , 6 , 8) |
| 4. court's reasoning on cognizance and merit of the case. (Para 9 , 10) |
| 5. final order dismisses the petition. (Para 11) |
JUDGMENT :
S.S. Mishra, J.
1. The petitioner is the accused in ICC Case No.47/57 of 2023 filed by the opposite party under Section 138 of the Negotiable Instruments Act (In short “N.I. Act”)
2. The petitioner had issued a cheque of Rs.3,00,000/- in favour of the opposite party and on presentation, the petitioner’s bank have returned the cheque for having insufficient of funds in the account of the petitioner. Therefore, the opposite party is prosecuting the petitioner by filing complaint case.
3. On 03.08.2023, the learned S.D.J.M., Baripada has taken cognizance of the offence under Section 138 of the N.I. Act and issued summon to the petitioner. The petitioner is aggrieved and challenged the said order in the present petition.
4. Mr. Dwibedi, learned counsel appearing for the petitioner submits that the complaint is not maintainable, in view of the fact that
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