SONALI DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) CRLMC No. 3488 of 2022 and I.A. No. 2708 of 2022 This application under Sec. 482 Cr. P.C. has been filed by the petitioner challenging the order dtd. 12/8/2021 passed by the learned S.D.J.M., Baripada in C.T. No. 335 of 2021 corresponding to Baripada Town P.S. Case No. 1029 of 2021 taking cognizance of offences punishable under Ss. 420/506 /294/ 34 of I.P.C. against the petitioners.

(2.) Mr. N. Lenka, learned counsel for the petitioner submits that as per the complaint, the petitioners had been paid total amount of Rs.7,00,000.00 as advance for purchasing a plot of land but as the petitioners were in urgent need of money, they sold the land to another person but have refunded the amount of Rs.7,00,000.00 to the opposite party no.2 vide Cheque No. 5223923 dtd. 11/2/2021 drawn the State Bank of India and this amount has been withdrawn by the opposite party no.2. He further submits that even assuming the allegations in the F.I.R. are to be true, no criminal liability is attracted and the case may at best can be a civil dispute.

(3.) Considering the above submission, issue notice to opposite parties in the CRLMC as well as in the I.A.