AJIT KUMAR SIAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners are aggrieved by the order dtd. 2/7/2020 passed by the learned S.D.J.M., Bhubaneswar directing the IIC, Khandagiri Police Station for registration of the F.I.R. under Sec. 156(3) of the Cr. P.C. on the complaint by the opposite party No.3 in 1CC Case No.2205 of 2020.

(2.) The allegation against the petitioners in the complaint leading to the impugned direction is that, the complainant has requested to the petitioners' bank known as Dena Bank (now known as Bank of Baroda) to sanction a Term Loan of Rs.27,66,240.00 for expansion of her MSME unit and also to purchase a cement manufacturing machine from a person, namely, Mahabir Prasad Mali of Ajmer, Rajasthan. The allegation against these petitioners is that, they have connived with the said person, namely, Mahabir Prasad Mali, and credited the whole loan amount in his favour. The said Mahabir Prasad Mali cheated the complainant by not supplying the cement manufacturing machine after receipt of the amount from the bank. Further, it was alleged that the petitioners work as an agent of the above named person and neglected their duty. It was also alleged that the petitioners cheated the complainant and her husband and pressurized to lift the machine and also cheated to bank by jeopardizing public money. The loan account became Non-Performing Asset (NPA). The petitioners had well planned conspiracy in connivance with the agent of the accused which resulted the complainant to suffer from several diseases.

(3.) The learned trial Court passed the impugned order taking the cognizance on the aforementioned allegation and directed for registration of the case under Sec. 156(3) of the Cr. P.C. All the petitioners are the bank officials. Following sequence of event are enumerated for better appreciation of the facts of the case.