GAYADHAR JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this application under Sec. 482, Crimial P.C. the petitioner challenges the order dated 13-7-2015 passed by the learned Designated Court under OPID Act-cum-1st. Additional District and Sessions Judge, Cuttack in C.R. Case No. 10 of 2015 (arising out of EOW Bhubaneswar PS. Case No. 9 dated 15-3-2015) taking cognizance of offences under Sections 467/468/471/406/420 of the Penal Code read with Sec. 6 of the Orissa Protection of Interest of Depositors (in Financial Establishments) Act, 2011 against the petitioners.

(2.) During hearing the learned counsel for the petitioner to confined his argument only with respect to cognizance under Sec. 6 of the Orissa Protection of Interest of Depositors (in Financial Establishments) Act, 2011 (in short, 'the OPID Act'.)

(3.) The case arose on the basis of FIR lodged by the Senior Professor and Dean, Indian Institute of Technology (IIT), Bhubaneswar alleging that the petitioner runs a Firm in the name and style M/s. Sarala Realcon Pvt. Ltd. and during the year 2010-11, he took an advance of Rs. 4.00 lakh from the informant and entered into an agreement to provide a plot of land measuring 2000 sq. ft. having sub plot No. 757 in his so-called project, namely, Sarala Nagar Phase-IX, Satyabhamapur, Bhubaneswar, in the name of the wife of the informant. Similarly, the petitioner also entered into an agreement with the brother-in-law of the informant to provide land measuring 1500 sq. ft. to him in the same project area and received advance consideration of Rs. 3.00 lakh, but even after the expiry of the agreement period, he neither executed any sale deed nor returned the consideration money received from the informant and his brother-in-law, even though they visited the office of the petitioner time and again over a period of four years. It appears that the petitioner did not have any land to be sold to the informant and his brother-in-law within the so-called project area.