DUTI KRUSHNA MAHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C. has been filed by the petitioner for quashing the order of cognizance dtd. 22/7/2022 and the criminal proceeding in G.R. Case No. 494 of 2022 pending in the Court of the learned S.D.J.M., Bhanjanagar arising out of Bellaguntha P.S. Case No. 109 of 2022, registered for the offence punishable under Ss. 294, 420, 506 and 34 of IPC.

(2.) When the matter was listed on 18/8/2023, Mr. S.R. Mohapatra, learned counsel for the petitioner submitted on instructions that the petitioner is not in a position to settle the matter as he is not in a position to pay back the money of the opposite party No.2, and hence the CRLMC may be decided on merit.

(3.) The prosecution allegations in brief are that on 28/9/2016, the petitioner had borrowed total amount of Rs.2,00,340.00 from the informant. Rs.1,60,000.00 through bank and Rs.40,340.00 cash. He has assured to return the money within six months. After six months, on 29/1/2020, he committed on bond paper that he would return the money within six months. After six months he did not return the money, he came to the police station on 7/9/2021 and 11/1/2022 again he committed to the informant that he would return the money. On 12/3/2022, the informant went to the house of the petitioner to ask for his money, but the petitioner abused him in obscene language refused to return the money and threatened to kill him. On 12/4/2022 at about 1.50 a.m., the petitioner came to the house of the informant and called him outside. When he came out he threatened to kill him and rape his wife.