Ambarish Dash vs Dwarika Prasad Panda .... Opposite ... on 10 December, 2025

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Orissa High Court

Ambarish Dash vs Dwarika Prasad Panda .... Opposite ... on 10 December, 2025

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLREV No.1020 of 2025
            Ambarish Dash                             ....           Petitioner
                                                     Mr. S. Dwibedi, Advocate
                                          -Versus-
            Dwarika Prasad Panda                      ....      Opposite Party
                                                                        None
                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK
                                         ORDER

10.12.2025 I.A. No.1532 of 2025 Order No.

01. 1. Heard Mr. Dwibedi, learned counsel for the petitioner.

2. Instant I.A. is filed under Section 5 of the Limitation Act seeking condonation of delay in presenting the revision beyond the stipulated period.

3. A delay of 656 days is reported as per the S.R.

4. According to Mr. Dwibedi, learned counsel, the petitioner did not have knowledge about the impugned order i.e. Annexure-1 and learnt about the same after he appeared before the learned court below on 30th August, 2025 subsequent to the issuance of NBW(A), hence, therefore, the delay which has been occasioned as a result should be condoned in the interest of justice.

Page 1 of 3

5. Without notice to the opposite party and accepting the explanation as above, this Court is inclined to condone the delay in the interest of justice.

6. Accordingly, it is ordered.

7. I.A. stands allowed with the delay being condoned.

(R.K. Pattanaik) Judge CRLREV No.1020 of 2025

02. 1. Heard.

2. Instant revision is filed by the petitioner assailing the impugned order at Annexure-1 passed in connection with ICC Case No.144 of 2023, whereby, the learned S.D.J.M., Bolangir has taken cognizance of the offence under Section 138 of N.I. Act against him.

3. The submission of Mr. Dwibedi, learned counsel for the petitioner is that the complaint is not accompanied with an affidavit necessary in view of the Apex Court decision in Mrs. Priyanka Srivastava and another Vrs. State of U.P. and others (2015) 61 OCR (SC) 719. Recording the above submission challenging the maintainability of the complaint, this Court is inclined to issue notice to the opposite party.

4. Accordingly, it is ordered.

5. Issue notice to the opposite party by speed post with a short returnable date and for the said purpose, requisites shall Page 2 of 3 be filed by Mr. Dwibedi, learned counsel for the petitioner within seven days from today.

6. List on 21st January, 2026 for final orders.

(R.K. Pattanaik) Judge I.A. No.1494 of 2025

03. 1. Heard.

2. Instant I.A. is filed for interim orders.

3. Awaiting appearance of the opposite party, this Court directs the learned S.D.J.M., Bolangir to defer the enquiry in connection with I.C.C. Case No.144 of 2023 later to 21 st January, 2026.

4. List on the date fixed.

5. Issue urgent certified copy as per rules (R.K. Pattanaik) Judge Alok Signature Not Verified Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 11-Dec-2025 18:56:58 Page 3 of 3

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