RANJIT SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present criminal revision has been filed assailing the order dtd. 12/1/2026 passed in I.C.C. Case No.7 of 2025 by the J.M.F.C., Jajpur Road, whereby the prayer of the accused-Petitioner to consider the ground of maintainability of the proceeding under Sec. 138 [1] of the N.I. Act in terms of the direction of this Court dtd. 2/12/2025 in CRLMC No.5041 of 2025 was negatived.

(2.) It is the submission of the learned counsel for the Petitioner that instead of considering the question of maintainability in terms of the order passed by this Court, referred to hereinabove, the Trial Court has held the petition filed as not maintainable.

(3.) Learned counsel for the complainant-Opposite Party No.2 submits that there is no illegality in the order passed in as much as, by the impugned order, liberty has been granted to the accused to canvass his defence during recording of his statement.