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A.K.PARICHHA
S. Jayaswami – Appellant
Versus
State of Orissa – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. S.N. Mohapatra, Advocate.
For the Opp. Partiy No. 1: Addl. Standing Counsel
For the Opp. Party No. 2:Mr. R. Mohapatra, Advocate.

Judgment

A.K. Parichha, J.— This is an application under Section 482 of the Code of Criminal Procedure (in short, “Cr. P.C.”) for quashing the proceedings in GR. Cases No. 896 of 2004 of the Court of learned SDJM, Puri arising out of Kumbharapara P.S. Case No. 144 of 2004 involving offences under Section 420/34, IPC and Section 138 of the Negotiable Instrument Act.

2. Opp. Party No.2 lodged an F.I.R. on 29.7.2004 in Kumbharpara Police Station alleging that the petitioners who are Managing Director and Finance Director respectively of M/s. Smith and Kenner Pharmaceuticals Pvt. Ltd., Hyderabad had business transaction with him and in that connection they had issued 12 post-dated cheques, each worth of Rs. 50.000/- towards repayment of the security deposit. But on presentation in the Bank, those cheques were dishonoured one after the other. Basing on the said F.I.R., Kumbharpara P.S. Case No.144 of 2004 was registered under Sections 420/34. IPC and Section 138 of the Negotiable Instruments Act, (in short. “the Act”) and investigation of the case is going on. The petitioners have filed the present application under Section 482. Cr. P.C. to quash the said investigation and proceedings o























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