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2026 Supreme(Ori) 353

IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Nalini Kanta Nayak – Appellant
Versus
Prasanna Kumar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Tanmaya Kumar Mohanty, Advocate
For the Respondent:Mr. Amit Prasad Bose, Advocate

JUDGMENT :

R.K. PATTANAIK, J.

1. Instant revision filed under Section 401 read with Section 397 Cr.P.C. is at the behest of the petitioner assailing the impugned judgment dated 2nd May, 2022 as at Annexure-2 passed in connection 1CC Case No.1190 of 2015 (T.R. No.137 of 2019) confirmed in Criminal Appeal No.19 of 2022 by judgment dated 4th November, 2023 i.e. Annexure-2 passed by the learned 3rd Additional Sessions Judge, Bhubaneswar for having convicted him for an offence punishable under Section 138 of the NI Act followed by a sentence and to pay compensation of Rs.30 lac in terms of Section 357 (3) Cr.P.C. with a default sentence on the grounds inter alia that the order of conviction cannot be sustained in law and hence, liable to be interfered with and set aside in the interest of justice.

2. The opposite party filed the complaint in 1CC Case No.1190 of 2015 alleging therein that the petitioner though a power of attorney holder managed to sell away his property and in that connection, when it was protested, as such authorization was only to look after the property and not for any other purposes and for having received the consideration money of Rs.40 lac issued a cheque of Rs.20

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