BBTA RCPL (JV) Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the present application filed under Sec. 482 of Cr.P.C., the petitioners seek to challenge the notices issued by the Investigating Officers of Sundargarh Police Station and Kaniha Police Station and the order passed by the Chief Manager, State Bank of India, Jamtara Branch in putting on hold the amount received by the petitioner no.1-Company from M/s. Mahanadi Coal Fields Ltd. towards execution of the work contract.

(2.) Sans unnecessary details, the facts of the case are that the petitioner no.1-Company was awarded a work contract by Mahanadi Coal Fields Ltd. (MCL) on 23/12/2015 and for the purpose of executing such work, the petitioners executed a Memorandum of Understanding (MOU) on 16/3/2016 with one Prakash Chandra Mohanty (opposite party no.6). Because of certain disputes relating to performance arising between the petitioner no.1-Company and opposite party no.6, the MOU was terminated in accordance with law and he was duly intimated of such fact by letter dtd. 13/9/2018. In course of execution of the MOU, opposite party no.6 was authorized to operate the bank account of the petitioner-company but after termination of the MOU, such authority was withdrawn with due intimation to the concerned bank. The opposite party no.6 thereafter filed a complaint being ICC Case No.7 of 2019 in the court of learned S.D.J.M., Sundargarh, which was sent to IIC Town Police Station Sundargarh for registration and investigation under Sec. 156 (3) of Cr.P.C. The said order is under challenge before this Court in CRLMC No. 1203 of 2020. However, by such time, the IIC, Town Police Station, Sundargarh basing on the order of learned S.D.J.M., Sundargarh, treated the complaint as FIR and registered Town P.S. Case No. 61 of 2019 under Ss. 168/406/424/506/34 of IPC and conducted investigation.

(3.) The sum and substance of the complaint is that on 21/1/2019 when the complainant-opposite party no.6 was checking the balance in the joint account in SBI, Sundargarh Branch, he found that a sum of Rs.24.00 lakhs had been transferred to other accounts without his signature. In course of investigation, the I.O., Sundargarh Police Station (opposite party no.2) issued notice dtd. 23/3/2021 (Annexure-1) to the Chief Manager, State Bank of India, Jamtara Branch, Jharkhand (opposite party no.4) as also to the Chief Manager, State Bank of India, Sundargarh Branch (Annexure-2) purportedly under Sec. 102 Cr.P.C. directing the said Bank authorities to stop withdrawal of payment made in the bank accounts of the petitioner no.1-Company by Mahanadi Coal Fields Ltd. Subsequently, the IIC, Kaniha P.S. also issued similar notice. Consequently, the Bank authorities vide their decision dtd. 24/3/2021 kept on hold the withdrawal of amounts as aforesaid. The notices issued by the Investigating Officers of Sundargarh P.S. and Kaniha P.S. and the decision taken by the Chief Manager, State Bank of India, Jamtara Branch as above are impugned in the present application.