ANUPAMA BISWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction of this Court under Sec. 482 Cr.P.C. seeking quashing of the criminal complaint being ICC Case No.208 of 2021 initiated by the opposite party No.2 for the alleged commission of the offence punishable under Sec. 138 of the N.I. Act.

(2.) The brief fact in the complaint is that the opposite party No.2, being the complainant has alleged that, on the basis of the assurance given by the son of the present petitioner to arrange admission of her son in a Government Medical College, she had given cash to the son of the petitioner. The son of the petitioner could not arrange the seat in the Government Medical College for the son of the complainant, as promised by him. The criminal case was initiated against the son of the petitioner for various offences, which is pending trial.

(3.) When the matter stood thus, the complainant demanded the money back from the son of the petitioner. To discharge the said liability, the petitioner issued two cheques from her account in favour of the complainant. On being presented the said cheques, the bankers of the petitioner dishonoured the cheque. The statutory demand notice was issued by the complainant to the petitioner. Since the demand notice was not responded, the complainant case being ICC Case No.208 of 2021 was initiated. The petitioner is seeking quashing of the said criminal complaint case on various grounds.