JUDGMENT

I. MAHANTY, J. — The appellant Muralidhar Satpathy, has filed the present writ appeal against an order dated 23.11.2006 passed by a learned Single Judge of this Court in Writ Petition (Criminal) No.371 of 2006*, partly allowing the same by quashing cognizance under Section 138 N.I. Act, but declining to quash a criminal proceeding against the appellant under Section 420/34 I.P.C., which is now pending in the Court of the learned S.D.J.M., Bhubaneswar (arising out of G.R. Case No.3507 of 2004).

2. The Writ Petition (Crl.) No.371 of 2006 was disposed of by the learned Single Judge of this Court vide Order dated 23.11.2006, inter alia, with the following observations:

“In the instant case, as transpires from the F.I.R. and the Case Diary, in fact, there is no Real Estate Business of the petitioner and accused Pradeep Satpathy or either of them. Ac¬cordingly, the decision cited above cannot be attracted to the present case.

In the result, the proceeding initiated against the petitioner including the order of taking cognizance under Section 138 of N.I. Act is quashed, but so far as the proceeding under Section 420/34 I.P.C. is concerned,it shall continue against him.

Accordi