IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.163 of 2025 Surendra Kumar Palei … Petitioner Mr. B. Mishra, Advocate -versus-

State of Odisha and another … Opposite Parties Mr. A. Das, Advocate(OP-2)

State Counsel CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

12.05.2025 Order No

04. I.A. No. 236 of 2025

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is an application U/S. 5 of the Limitation Act by the Petitioner for condonation of delay of 54 days in preferring the criminal revision.

3. Heard, Mr. Bikash Mishra, learned counsel for the Petitioner and Mr. Abhijit Das, learned counsel for the OP No.2 and learned counsel for the State in the matter and perused the record.

4. After having considered the rival submissions and on going through the averments taken in the IA, since there is a delay of shorter duration of 54 days in preferring the criminal revision and the grounds being justified, this Court considers it in the interest of justice to condone the delay. Accordingly, the delay of 54 days in preferring the criminal revision stands condoned.

5. I.A. stands disposed of.

CRLREV No. 163 of 2025

6. This criminal revision is directed against the impugned judgment dated 26.10.2024 passed by the learned 2^nd Additional Sessions Judge, Baripada in Criminal Appeal No. 55 of 2017 confirming the conviction and sentence of the revision-petitioner as recorded by the learned JMFC, Baripada vide judgment dated 06.11.2017 in 1CC Case No. 54 of 2013 convicting the revision-petitioner for commission of offence U/S. 138 of NI Act and sentencing him to undergo Simple Imprisonment for four months and to pay compensation of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand) in default whereof, to undergo Simple Imprisonment for a further period of one month.

7. Heard, Mr. Bikash Mishra, learned counsel for the Petitioner and Mr. Abhijit Das, learned counsel for the OP No.2 and learned counsel for the State in the matter and perused the record.

8. Admit. The digitized/soft copy of the LCR/TCR be called for from the learned trial Court.

9. List this matter on 03.07.2025.

I.A. No. 237 of 2025

10. This is an application for stay realization of compensation imposed on the revision-petitioner.

11. Heard, Mr. Bikash Mishra, learned counsel for the Petitioner and Mr. Abhijit Das, learned counsel for the OP No.2 and learned counsel for the State in the matter and perused the record.

12. It is, however, admitted by Mr. Das that the entire cheque amount has already been paid to the complainant-cum-OP No.2 and the matter has already been settled, however, fact remains that Sec. 148 of NI Act provides powers to be exercised by the Appellate forum, but Sec. 438 read with 442 of the BNSS prescribes the power exercisable under Appellate jurisdiction can be exercised in Revisional Jurisdiction and this Court, therefore, in exercise of power U/S. 148 of NI Act read with 438/442 of BNSS considers it in the interest of justice to stay the realization of compensation of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand) from the revision-petitioner under the impugned judgment of conviction and sentence.

IA No.235 of 2025

13. This is an application U/Ss. 438/442 of the BNSS by the revision-petitioner for grant of bail pending suspension of further execution of sentence till disposal of the revision.

14. Heard, Mr. Bikash Mishra, learned counsel for the Petitioner and Mr. Abhijit Das, learned counsel for the OP No.2 and learned counsel for the State in the matter and perused the record. It is, however, submitted by Mr. Mishra that the Petitioner is in custody since 25.02.2025, but on the other hand, learned counsel for the OP No.2 has already acknowledged to have received the entire cheque amount and settlement in the matter.

15. In view of the provisions of Sec.442 of BNSS, this Court may in its discretion exercise any of the powers conferred on a Court of Appeal by Sec.430 of BNSS which provides for suspension of sentence and release the revision-petitioner