SYED NAJAM AHMED Vs. STATE OF ODISHA

JUDGEMENT

(1.) By means of this application, the Petitioner seeks the indulgence of this Court directing the learned JMFC (LR), Bhubaneswar to issue summon to the Resolution Professional (RP) to represent accused No.1 and to discharge the accused No.2 against whom cognizance has been taken in 1.C.C. Case No.3236 of 2021 vide order dtd. 18/3/2025 rejecting his prayer in the petition dtd. 23/12/2024 praying for discharge of the accused Nos.1, 2 & 3.

(2.) The background facts of the case are that M/s. Dewy Developers Pvt. Ltd. (hereinafter referred to as the complainant) filed a complaint before the learned JMFC (LR), Bhubaneswar under Sec. 138 of the Negotiable Instruments Act, 1881 (in short, "the N.I. Act "). In the said complaint, a prayer was made to summon the present Petitioner, namely Zenith Mining Private Ltd., its Managing Director, Mr. Syed Najam Ahmed, and its agent, Bhimsen Apat, and to direct recovery of Rs.1.00 crore from the said accused persons in terms of the provisions of the N.I. Act, and further to pay double the cheque amount as compensation.

(3.) The case of the complainant as emerges from the case record is that, the Petitioner through its Managing Director, Mr. Syed Najam Ahmed, keeping in view their cordial relationship, persuaded to extend a friendly loan of Rs.1.00 crore to the Petitioner- Company. The said amount was duly credited to the Petitioner 's bank account with an assurance that it would be repaid within one year.