ITEM NO.32 COURT NO.12 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 1115-1116/2020 in SLP(Crl) Nos. 4428- 4429/2019 DIPTI RANJAN MOHAPATRA Petitioner(s) VERSUS MAYADHAR NAYAK (DEAD) THR. LRS. & ANR. Respondent(s) (IA No. 46306/2020 - RECALLING THE COURTS ORDER) Date : 15-05-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Krishna Dev Jagarlamudi, AOR For Respondent(s) Mr. Suvendu Suvasis Dash, AOR Ms. Swati Vaibhav, Adv. Ms. Shruti Vaibhav, Adv. Mr. Prabhu Prasanna Behera, Adv. Mr. Thakur Sangram Singh, Adv. Ms. Anindita Pujari, AOR Mr. Abhineet Arvind, Adv. Mr. Maitreya Saha, Adv. Ms. Radhika Mohapatra, Adv. UPON hearing the counsel the Court made the following O R D E R The petitioner was concurrently convicted by all the Courts for committing the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo six months imprisonment besides paying ₹ 5 Lakhs compensation. The original cheque amount was 3.7₹ 5 Lakhs. During the pendency of proceedings, the original complainant passed away. His legal heirs / legal representatives were brought on the record. Pursuant to the order of this Court M.A. No.1115-1116/2020 in SLP(Crl) Nos. 4428-4429/2019 1 of 2
dated 19.06.2020, the petitioner deposited a sum of ₹ 5.5 Lakhs. This is in addition to the sum of 3₹ Lakhs deposited by him before the trial Court. Having considered all the circumstances, this Court is of the opinion that the respondent / legal heirs of the original complainant who have been brought on record as legal representatives, should be permitted to withdraw the amounts deposited. Accordingly, the Registry is directed to release to the complainant’s legal representatives the sum of ₹ 5.5 Lakhs deposited in this Court together with accrued interest; in addition, it is open to the said legal representatives to also withdraw the sum of 3₹ Lakhs deposited with the Corporation Bank in favour of the Judicial Magistrate (First Class), Cuttack (in ICC Case No. 46/2011). In view of the above, the sentence of six months imprisonment is hereby set aside. The special leave petitions are disposed of in the above terms. The miscellaneous applications are also disposed of. (NEETA SAPRA) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH) M.A. No.1115-1116/2020 in SLP(Crl) Nos. 4428-4429/2019 2 of 2
ITEM NO.39 REGISTRAR COURT. 2 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. PAVANESH D. Miscellaneous Application No. 1115-1116/2020 in SLP(Crl) No. 4428- 4429/2019 DIPTI RANJAN MOHAPATRA Petitioner(s) VERSUS MAYADHAR NAYAK (DEAD) THR. LRS. & ANR. Respondent(s) Date : 22-02-2023 These petitions were called on for hearing today. For Petitioner(s) Mr. Krishna Dev Jagarlamudi, AOR Mr. N Sai Kaushal, Adv. For Respondent(s) Mr. Suvendu Suvasis Dash, AOR Mr. Suvendu Suvasis Dash, Adv. Ms. Swati Vaibhav, Adv. Ms. Shruti Vaibhav, Adv. Ms. Anindita Pujari, AOR Mr. Siddhartha Shrivastava, Adv. Mr. Abhineet Arvind, Adv. Mr. Maitreya Saha, Adv. Ms. Radhika Mohapatra, Adv. Mr. Siddharta Shrivastava, Adv. UPON hearing the counsel through Video Conference, the Court made the following O R D E R FDR be renewed for a further period of one year. Registry to take further steps, as per rules. PAVANESH D. Registrar
ITEM NO.2 REGISTRAR COURT. 1 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. AVANI PAL SINGH Miscellaneous Application No. 1115-1116/2020 in SLP(Crl) No. 4428- 4429/2019 DIPTI RANJAN MOHAPATRA Petitioner(s) VERSUS MAYADHAR NAYAK (DEAD) THR. LRS. & ANR. Respondent(s) (FOR FDR RENEWAL IA No. 46306/2020 - RECALLING THE COURTS ORDER) Date : 03-03-2022 These matters were called on for hearing today. For Petitioner(s) Mr. Krishna Dev Jagarlamudi, AOR Mr N Sai Kaushal, Adv. Ms Inderdeep Kaur Raina, Adv. For Respondent(s) Mr. Suvendu Suvasis Dash, AOR Ms. Anindita Pujari, AOR Mr Azad Bansala, Adv. Mr Siddhantha Srivastava, Adv. Ms Prakriti Rastogi, Adv. UPON hearing the counsel, the Court made the following O R D E R Upon hearing the ld.counsels for the parties, it is directed that the FDR be renewed for a further period of one year from the due date of its maturity i.e. 6.3.2022. AVANI PAL SINGH Registrar
ITEM NO.12 Court 5 (Video Conferencing) SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 1115-1116/2020 in SLP(Crl) No. 4428- 4429/2019 (Arising out of impugned final judgment and order dated 04-10-2019 in SLP(Crl) No. 4428/2019 06-09-2019 in SLP(Crl) No. 4429/2019 passed by the Supreme Court Of India) DIPTI RANJAN MOHAPATRA Petitioner(s) VERSUS MAYADHAR NAYAK (DEAD) THR. LRS. & ANR. Respondent(s) ( IA No. 46306/2020 - RECALLING THE COURTS ORDER) Date : 21-01-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE B.R. GAVAI For Petitioner(s) Mr. Krishna Dev Jagarlamudi, AOR Mr. N. Sai Kaushal, Adv For Respondent(s) Dr. Anindita Pujari, AOR Mr. Azad Bansala, Adv Mr. Siddhartha Srivastava, Adv Ms. Kavita Bhardwaj, Adv UPON hearing the counsel the Court made the following O R D E R List after two weeks. (Geeta Ahuja) (Anand Prakash) Court Master Court Master
ITEM NO.28 Court 5 (Video Conferencing) SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application Nos.1115-1116/2020 in SLP(Crl) Nos.4428- 4429/2019 DIPTI RANJAN MOHAPATRA Petitioner(s) VERSUS MAYADHAR NAYAK (DEAD) THR. LRS. & ANR. Respondent(s) (IA No. 46306/2020 - RECALLING THE COURTS ORDER) Date : 10-12-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE B.R. GAVAI For Petitioner(s) Mr. Krishna Dev Jagarlamudi, AOR Mr. N. Sai Kaushal, Adv. For Respondent(s) Dr. Anindita Pujari, AOR Mr. Siddhartha Srivastava, Adv. Ms. Kavita Bhardwaj, Adv. UPON hearing the counsel the Court made the following O R D E R List on 21.01.2022. (B.Parvathi) (Anand Prakash) Court Master Court Master
ITEM NO.802 COURT NO.5 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application Nos.1115-1116/2020 in SLP(Crl) Nos.4428- 4429/2019 (Arising out of impugned final judgment and order dated 04-10-2019 in SLP(Crl) No.4428/2019 06-09-2019 in SLP(Crl) No.4429/2019 passed by the Supreme Court Of India) DIPTI RANJAN MOHAPATRA Petitioner(s) VERSUS MAYADHAR NAYAK (DEAD) THR. LRS. & ANR. Respondent(s) Date : 24-11-2021 These petitions were Mentioned today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Krishna Dev Jagarlamudi, AOR For Respondent(s) Ms. Anindita Pujari, AOR UPON being mentioned the Court made the following O R D E R Not to be deleted from the cause list of 10.12.2021. (B.Parvathi) (Anand Prakash) Court Master Court Master
ITEM NO.16 Court 16 (Video Conferencing) SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 1115-1116/2020 in SLP(Crl) No. 4428- 4429/2019 DIPTI RANJAN MOHAPATRA Petitioner(s) VERSUS MAYADHAR NAYAK & ANR. Respondent(s) (IA No. 81615/2020 - APPLICATION FOR SUBSTITUTION IA No. 15918/2021 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN.) Date : 26-02-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT [IN CHAMBER] For Petitioner(s) Mr. Krishna Dev Jagarlamudi, AOR For Respondent(s) Dr. Anindita Pujari, AOR Mr. Om Narayan Adv. Ms. Harpreet Kaur, Adv. UPON hearing the counsel the Court made the following O R D E R The Court is convened through Video Conferencing. Application to bring on record legal heirs is allowed. Delay in filing substitution application is condoned. The amount deposited by the petitioner be kept in an interest earning account initially for the period of one year. (SWETA DHYANI) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.1 Court 6 (Video Conferencing) SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No.1115-1116/2020 in SLP (Crl.)No(s). 4428-4429/2019 (Arising out of impugned final judgment and order dated 04-10-2019 in SLP(Crl) No.4428/2019 06-09-2019 in SLP(Crl) No.4429/2019 passed by the Supreme Court Of India) DIPTI RANJAN MOHAPATRA Petitioner(s) VERSUS MAYADHAR NAYAK & ANR. Respondent(s) (IA No. 46306/2020 - RECALLING THE COURTS ORDER) Date : 14-08-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Ms. Bhapna Das,Adv. Mr. Krishna Dev Jagarlamudi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List after two weeks. Learned counsel for the petitioner submits that the complainant is dead and his Lrs. are to be brought on record. The learned counsel for the petitioner is permitted to move an application to bring on record the Lrs. Of the deceased complainant. (B.Parvathi) (Anand Prakash) Court Master Court Master
1 ITEM NO.13 Virtual Court 6 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION Diary No(s). 10254/2020 in SLP(Crl) Nos.4428-29/2019 DIPTI RANJAN MOHAPATRA Petitioner(s) VERSUS MAYADHAR NAYAK & ANR. Respondent(s) ( IA No. 50676/2020 - CONDONATION OF DELAY IN FILING IA No. 46306/2020 - RECALLING THE COURTS ORDER) Date : 19-06-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Krishna Dev Jagarlamudi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay in filing application for modification is condoned. The petitioner was convicted under Section 138 of the Negotiable Instruments Act, 1881 and directed to undergo simple imprisonment for a period of 6 months and pay compensation of Rs.5 Lakhs failing which he shall undergo further imprisonment of 6 months. The conviction and sentence was affirmed by the High Court. The petitioner filed the above Special Leave Petitions challenging the order of the High Court.
2 By an Order dated 10.5.2019, the petitioner was directed to deposit an amount of Rs.4.5 Lakhs in addition to Rs.3 Lakhs which had already been deposited with the Registry of the High Court of Orissa within four weeks. On such condition, notice was issued in the Special Leave Petitions. Further period of four weeks was granted for making the deposit by an Order dated 2.8.2019. There was yet another extension of time of four weeks for deposit of the amount as directed by this Court on 6.9.2019. By the said order, this Court directed that the Special Leave Petitions shall stand dismissed if the deposit would not be made within a period of four weeks. As the amount of Rs.4.5 Lakhs was not deposited in the Registry of this Court within the time given by this Order by the Order dated 6.9.2019, the Special Leave Petitions stood dismissed. I.A. No.46306 of 2020 is filed for recall of the Order dated 6.9.2019. Learned counsel for the petitioner submitted that the petitioner is a fourth class employee working in the Government of Orissa and was unable to deposit the amount as directed in view of lack of funds. He submits that a relative of the petitioner sold his property and gave a loan of the amount of Rs.4.5 Lakhs which the petitioner is willing to deposit before the Registry of this Court within one week. Issue notice subject to the petitioner depositing an amount of Rs.5.5 Lakhs with the Registry of this Court
3 within a period of one week from today. In case of default, the Misc. Application(s) as well as Interlocutory Application shall stand dismissed without further reference to this Court. (GEETA AHUJA) (ANAND PRAKASH) COURT MASTER (SH) BRANCH OFFICER