DEBI PRASANNA RATH Vs. PADMINI PANDA

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by the petitioner Dr. Debi Prasanna Rath in challenging the impugned order dated 19.07.2004 of the learned S.D.J.M., Sambalpur passed in I.C.C. Case No. 78 of 2001 in taking cognizance of offence under section 406 of the Indian Penal Code and issuance of process against him.

(2.) The opp. party Padmini Panda filed the complaint petition stating therein that she is the Director of M/s. Padmini Computers imparting computer education under license from APTECH Ltd. The institution was tied up with number of institutions and universities. Accused no.1 Miss Laxmi Gope was the Principal of the Govt. Women's College, Sambalpur who invited detailed information regarding provisions of job oriented course for under-graduate students belonging to senior categories. The institution of the complainant submitted the tender as per requirement and the committee which was constituted by accused no.1 recommended M/s. Padmini Computer as suitable for imparting computer education as per the guidelines of U.G.C. and accordingly, accused no.1 by her letter dated 05.07.2001 informed the complainant's centre regarding acceptance of the tender and also requested the complainant expedite the process of teaching to the new job-oriented computer course to the students of Govt. Women's College, Sambalpur by opening the extension wing inside the college campus.

(3.) On receipt of the final report, the learned S.D.J.M., Sambalpur issued notice to the complainant and accordingly, the protest petition by way of complaint petition was filed. After filing of the complaint petition, the initial statement of the complainant was recorded. The learned S.D.J.M., Sambalpur conducted inquiry contemplated under section 202 of Cr.P.C. in which two witnesses were examined by the complainant. The complainant also filed xerox copies of letters. After perusal of the documents filed and after going through the compliant petition, initial statement and the statements of the witnesses, the learned S.D.J.M., Sambalpur found prima facie</i> case under section 406 of the Indian Penal Code against the accused persons including the petitioner and accordingly, took cognizance of such offence and issued process against the petitioner and co-accused Miss Laxmi Gope, Principal of Government Women's College.