KRUSHNA CH.DEBATA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under Sec. 482 pressed into service by the petitioner to quash/set aside the criminal proceeding vide G.R. Case No. 1346 of 2013 arising out of Dhenkanal Town P.S. Case No. 273 of 2013 allegedly for offences under Sec. 420 IPC pending in the court of learned S.D.J.M., Dhenkanal on the grounds inter alia that it is untenable and bad in law and absolutely necessary in order to prevent abuse of process of the Court.

(2.) From the record, it is revealed that an F.I.R. was lodged in the year 2013 by the complainant, a Branch Manager of Dhenkanal Evening Branch, Dhenkanal alleging therein that the petitioner, a partner of Shri Balaram Fabrics presented a cheque dtd. 23/8/2013 for an amount of Rs.50,00,000.00 drawn by M/S. K.M. Sugar Mills Pvt.Ltd. which was credited in the account of Shri Balaram Fabrics but on 24/8/2013, the Bank's Faizabad Branch intimated that said amount has been debited but the cheque in question was reported to be fraudulent one.

(3.) Accordingly, Town P.S. Case No. 273(14) dtd. 22/11/2013 was registered under Sec. 420 IPC which later culminated in G.R. Case No. 1346 of 2013. Said criminal proceeding is under attack on the ground of double jeopardy.