THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1719 of 2024 (In the matter of an application under Sections 482 of the Criminal Procedure Code, 1973)

M/s Shiv Pharmaceuticals ……. Petitioner -Versus-

M/s Raptakos Brett & Company Ltd. ……. Opp. Party For the petitioner : Mr. Dipti Ranjan Mohapatra, Advocate, For the opp. Party : Mr. Sanjay Kumar Das, Advocate CORAM THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 17.09.2024 : : Date of Judgment: 13.02.2025 S.S. Mishra, J. The petitioner by invoking the jurisdiction of this Court under Section 482 Cr.P.C has assailed the order dated 30.01.2024 passed by the learned S.D.J.M. (Sadar), Cuttack in I.C.C Case No 81 of 2020, whereby his application for sending the alleged cheque to handwriting expert for determination of the age of the contents and the signature therein has been turned down.

2. Heard, Mr. Dipti Ranjan Mohapatra, learned Counsel for the petitioner and Mr. Sanjay Kumar Das, learned Counsel for the Opposite party.

3. The brief facts of the case as unfolded from the record is that, the complainant is a registered company which have been incorporated under The Companies Act, 1913 having its registered office at 253, Annie Besant Road, P.O. Worli Colony in the city of Mumbai-400030 and also maintains a Branch Office in the State of Odisha at Bhanapur, District of Cuttack. The Company is a manufacturer of Pharmaceutical Dietary Specialist and Nutricentrical products which are being sold by its distributors at different parts of India. The Accused under his proprietorship started a business under the name and style of "M/s Shiv Traders" which was subsequently changed as M/s Shiv Pharmaceuticals. The Complainant-Company had authorized the accused to distribute company's product covering the district of Kendrapara. The accused dealt with the complainant's company products with utmost satisfactory manner spanning the period between 18.09.2019 to 30.09.2019. The accused had supplied with huge stock of Medicines, "Lactodex" and Milk products meant for feeding the infants, under 5 nos. of invoices bearing No. (i)9814055066, (ii) 9814055186, (iii) 9814055187, (iv) 9814055390 and (v) 9814055391 for a total value of Rs.11,81,773/- (Rupees Eleven Lakhs Eighty One Thousand Seven Hundred Seventy Three) only. All the invoices as aforesaid have been supplied from the company's branch office depot situated at Bhanapur to the accused and have been duly acknowledged (received) by the accused. After receipt of the consignment, the accused, to clear the liability handed over a Cheque bearing No. 016121 dated 30.12.2019 for an amount of Rs. 11,81,773/- from his account in Oriental Bank of Commerce at Tinimuhani Branch, Kendrapara in favour of the Complainant's Company. The cheque on being presented on 30.12.2019 by the Complainant-Company at HDFC Bank at its Nandisahi, Cuttack Town Branch, was returned unpaid on the ground "FUNDS INSUFFCIENT" by the Bank on 31.12.2019 and was received by the Complainant-Company on 03.01.2020. After receipt of such dishonoured Cheque, the Complainant-Company issued necessary notice U/s 138 (b) of N.I. Act on 03.01.2020 and dispatched the same on 04.01.2020 by Regd. Post with A.D. to the proper address of the accused and the said notice was duly received on the accused on 10.01.2020 as per the Tracking Report of the Postal Department. The accused failed to comply with the demand as made in the notice by the Complainant- Company and the complainant-company became fully satisfied that the accused is in a mood to cheat the Complainant-Company and wants to deprive it from its legal entitlement. The Complainant-Company authorized its Branch Manager of Cuttack Branch at Bhanapur, namely, Mr. Jayadev Sethy to file this complaint before the appropriate court to prosecute the accused for alleged commission of offence under section

138 of the N.I. Act.

4. Mr. Mohapatra, learned counsel for the petitioner submits that during cross examination of the complainant-oppo