BIBEKANANDA SWAIN Vs. NIRMAL CHANDRA MOHANTY

JUDGEMENT

(1.) Heard Mr.B. B. Swain, learned counsel for the petitioner.

(2.) The petitioner Bibekananda Swain has filed this application under section 482 Cr.P.C. challenging the impugned order dated 25.08.2018 passed by the learned Sessions Judge, Kendrapara in Criminal Appeal No. 01 of 2014 in rejecting the petition filed by the petitioner for a direction to Dr. P.K.Choudhury to remain present in Court for his examination to prove the legality and genuineness of the medical certificates vide Exts. 12 and 13.

(3.) The opposite party no.1 Nirmal Chandra Mohanty filed a complaint petition in the Court of learned S.D.J.M., Kendrapara vide I.C.C Case No. 164 of 2010 against the petitioner for commission of offence under section 138 of the Negotiable Instrument Act, (hereafter "N.I. Act"). The case was transferred to the Court of learned J.M.F.C., Kendrapara for trial. The learned trial Court vide judgment and order dated 12.12.2013 found the petitioner guilty under section 138 of the N.I. Act and sentenced him to undergo simple imprisonment for one year and to pay a compensation of Rs.6,00,000 (six lakhs) under section 357(3) of Cr.P.C., in default of payment of compensation, to suffer simple imprisonment for two months.