SUBHENDU KUMAR SWAIN Vs. DUSMANTA KUMAR NAYAK

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Subhendu Kumar Swain challenging the impugned order dated 11.08.2016 passed by the learned Sessions Judge, Jajpur in Criminal Appeal No. 40 of 2016 in directing the petitioner to deposit a sum of Rs.2,70,000/- (rupees two lakhs seventy thousand) before the learned Trial Court within one month pending final disposal of the appeal.

(2.) It appears from the record that the petitioner faced trial in the Court of learned J.M.F.C., Jajpur Road in I.C.C. No.28 of 2014/Trial No.463 of 2014 for the offence punishable under section 138 of Negotiable Instruments Act and vide impugned judgment and order dated 26.04.2016, the learned Trial Court found the petitioner guilty under section 138 of Negotiable Instruments Act and sentenced him to undergo S.I. for a period of two years and to pay a sum of Rs.27,00,000/- (rupees twenty seven lakhs) to the complainant-opposite party under section 357 of Cr.P.C. and in default of payment of said compensation amount, the petitioner was directed to suffer S.I. for two months. When the appeal was preferred by the petitioner challenging the impugned judgment and order of conviction and sentence passed by the learned Trial Court before the learned Sessions Judge, Jajpur in Criminal Appeal No.40 of 2016 along with two miscellaneous applications i.e. one for bail and other for stay of operation of the Trial Court judgment, the learned Sessions Judge in charge, Jajpur vide order dated 23.05.2016 admitted the appeal and allowed the petitioner to be released on bail and also stayed the operation of the impugned judgment dated 26.04.2016 passed by the learned Trial Court till disposal of the appeal.

(3.) Subsequently the complainant-opposite party entered appearance in the criminal appeal on being noticed and filed an application on dated 29.06.2016 to direct the petitioner to deposit a portion of the awarded compensation amount in view of the decision of the Hon'ble Supreme Court in the cases of Stanny Felix Pinto -Vrs.- M/s. Jangid Builders Pvt. Ltd. reported in (2001) 20 Orissa Criminal Reports (SC) 305, Dilip S. Dahanukar -Vrs.- Kotak Mahindra Co. Ltd. reported in (2007) 37 Orissa Criminal Reports (SC) 395 and of this Court in the case of Bikram Kumar Jena -Vrs.- State of Orissa reported in (2010) 47 Orissa Criminal Reports 90.