CUTTACK: The Orissa High Court has set aside an order of the Judicial Magistrate First Class (JMFC), Jajpur Road, holding that the trial court committed a “patent breach of judicial discipline” by refusing to follow an earlier direction in a cheque dishonour case involving `2.50 lakh.
In a strongly worded observation, Justice V Narasingh remarked that the trial court had failed to understand the import of the High Court’s earlier order and held that its approach amounted to “judicial harakiri, which can never be countenanced”.
Considering a petition filed by the cheque dishonour case accused, Justice Narasingh ruled that the trial court erred in declining to first decide the issue of maintainability of the complaint under section 138 of the Negotiable Instruments (NI) Act, despite a specific direction issued by the high court on December 2, 2025.
The accused had contended that the cheque dishonour complaint itself was premature and not maintainable under the proviso to Section 138(b) of the NI Act. However, in its January 12, 2026 order, the JMFC rejected the plea, observing that such a defence could be raised only at the stage of examination of the accused.
Taking exception to the approach, Justice Narasingh said while subordinate courts enjoy complete independence in deciding matters in accordance with law, they are equally bound to comply with directions issued by superior courts. “The edifice of the judiciary rests upon a hierarchical system...subordinate courts cannot disregard or act in defiance of a direction issued by a superior court concerning the manner in which an application is to be considered,” he observed.
Setting aside the JMFC’s order, the high court directed the trial court to first decide the question of maintainability in light of its earlier order before proceeding with the cheque bounce case. Both parties have been asked to appear before the trial court on August 10, and the magistrate has been directed to endeavour to decide the maintainability issue by August-end.