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Judgment
10 paragraphs · 276 wordsSavitri Ratho, J
CRLMC No.478 of 2023 & I.A. No.348 of 2023
Since the State of Odisha is not a party, defect No.6 is ignored for the time being.
This application under Section 482 of Cr.P.C. has been filed by the petitioner challenging the order dated 13.12.2022 passed by the learned J.M.F.C., Rourkela in ICC Case No.118 of 2020 wherein the petitioner has been directed to pay interim compensation of 5% of the cheque amount, i.e., Rs.75,000/- (Rupees seventy five thousand) to the complainant-opposite party within 60 days from the date of the order.
Mr.Zafarulla, learned counsel for the petitioner referring to the provision under Section 143-A of the N.I. Act, submits that the stage for direction for payment of interim compensation to the complainant had not reached, but the learned trial Court illegally directed for payment of the said amount. In support of his submission, he referred to the decision of this Court in the case of Saroj Kumar Jena v. Santanu Kumar Jena reported in 2022 (II) OLR 665.
Considering the above submissions, issue notice to the opposite party both in the CRLMC as well as the I.A. by registered post with A.D., requisites for which shall be filed by 28.03.2023. The notice shall be made returnable within four weeks. One set of process fee be accepted.
List this matter in the week commencing 15th May, 2023.
In the interim, operation of the order dated 13.12.2022 passed by the learned J.M.F.C., Rourkela in ICC Case No.118 of 2022 shall remain stayed till the next date.
Urgent certified copy of this order be granted on proper application.
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