LAWS(ORI)-2017-11-119

PRAVANJAN SAHU @ BHANJ Vs. STATE OF ORISSA

Decided On November 27, 2017
Pravanjan Sahu @ Bhanj Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) None appears on behalf of the petitioner. The petitioner Pravanjan Sahu @ Bhanj in this application under section 482 of the Code of Criminal Procedure, 1973 has prayed for quashing the criminal proceeding in G.R. Case No.36 of 2005 pending in the Court of learned S.D.J.M., Parlakhemundi. The said case arises out of Parlakhemundi P.S. Case No.27 of 2005 registered under section 420 of the Indian Penal Code.

(2.) The first information report was lodged by one Arun Kumar Patra wherein it is stated that the petitioner was a local person and he was managing the Parlakhemundi Branch of P.S. Moneycraft & Fintech Ltd. (hereafter 'the company') and the informant deposited Rs.20,000/- with said chit fund company and the petitioner promised him for good return of his money after maturity but the company closed its business in the month of January 1999 and thereby misappropriated the invested money of the informant.

(3.) On perusal of the grounds taken in the application, it is stated that the role of the petitioner in the business of the Company was very limited and his duty was to make aware about the policy of the company to its share holders, those who come forward for the business with the said Company. It further stated that the petitioner was working as Marketing Executive and he himself has sustained a huge loss by not getting salary and other service benefits due to untimely closure of the Company. It is further stated that due to closure of the Company, there was no willful intention or knowledge on the part of the petitioner. It is further stated that there is no prima facie case to make out an offence under section 420 of the Indian Penal Code.