STATE OF ODISHA Vs. XXXXXXXXXX

JUDGEMENT

(1.) This CRLMC has been filed with the following prayer:-

(2.) On 6/8/2024 the Petitioner filed an FIR against opposite party No. 5 - Akhil Prasad Mishra who was working as a computerist and accountant in his office had misappropriated a lot of money. On the basis of his complaint, Talcher P.S. Case No. 641 of 2024 Under Ss. 408 / 506 / 34 of I.P.C. was registered against opposite party No.5 Akhil Prasad Mishra on 6/8/2024, the same day. This corresponds to G.R. Case No. 1198 of 2024 filed before the learned S.D.J.M., Talcher.

(3.) The informant Krupasindhu Gahan is the Proprietor of Maa Santoshi Transporter. The accused was working as computerist and accountant in his Office since 2018. He used to receive cheques and withdraw money from office and used the software password, OTP, and server of the office. Using his personal laptop, he illegally transferred approximately Rs.1.00 crore from the four Federal Bank accounts of the informant bearing Account numbers -19300200001959, 2544, 717, and 3328, into his own accounts bearing Account numbers 20229300267, 5010033095, 20229300 and also to his wife's account bearing Account number 3784411444 in a phased manner. Akhil Prasad Mishra, his wife and 11-year-old son, had been staying in the house of the informant. On 4/8/2024, getting some information that his illegal activities had been discovered, he left with his family and returned alone to the office. He confessed his guilt that he did all those frauds and promised to repay the misappropriated amount gradually. But latter, opposite party No.6, his wife threatened the informant's wife, Jayanti Gahan, over phone stating that her husband would send them to jail. It was stated in the FIR that as Akhil Prasad Mishra had good knowledge about computers, he used his laptop and by surreptitiously utilized the password, server, LTI and Software of the office. If an enquiry is done, the total amount of money taken from the accounts of the informant and transferred to his accounts would be known. Both husband and wife have conjointly cheated and misappropriated the money and threatened to kill the informant and destroy the entire database of the computer. He has utilized the misappropriated money for purchasing land, flat and invested in online share market. He had taken a sum of Rs.15,00,000.00 in cash from wife of the informant over a period of time, under the pretext of being used for official expenses.